IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1643 of 2008 MOST. SUDAMA DEVI Versus THE STATE OF BIHAR & ORS For the petitioner :Mr.Ajay Kumar Sinha For the State :Mr.S.S.Mishra,JC to GA 5 ----------- 2. 14.01.2009 This application has been filed for restoration of MJC No.2953 of 2007. Records show that MJC NO.2953 of 2007 was filed for restoration of CWJC NO.2072 of 2005. The said writ petition was disposed of under order dated 13.9.2007. The order reads thus: “No body appears on behalf of the petitioner to press this application. Counsel for the State as well as respondent, Accountant General are present. Grievance of the petitioner in the writ application is that she is widow of the employee who became traceless. Her grievance is that she should be paid post retiral dues payable to her husband. Counter affidavit has been filed on behalf of the respondent in which stand has been taken that the husband of the petitioner was serving on casual/temporary basis in work charge establishment for less than four years, and as such, he was not entitled to any post retiral benefits. As no one appears to press this application, the same is dismissed as not pressed.” Counsel for the petitioner submits that there are still some grievances which need to be agitated and adjudicated upon. He, therefore, seeks permission of the Court to file a fresh application. This Court is not inclined to allow the present restoration application which is accordingly dismissed. - 2 - This Court would only clarify that in the event the petitioner file a fresh application seeking left out grievances, the order dated 13.9.2007 shall not be treated as a bar. hr ( Kishore K. Mandal )