IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12706 of 2009 RAMAWTAR PRASAD MANDAL SON OF LATE JAUHRI PD. MANDAL, RESIDENT OF VILLAGE +POST- FARRAH, VIA – MAHESHKHUNT, P.S. – CHAUTHAM, DISTRICT KHAGARIA. Versus 1. THE STATE OF BIHAR REPRESENTED THROUGH THE PRINCIPAL SECRETARY CUM COMMISSIONER, DEPTT. OF CO-OPERATIVES, GOVT. OF BIHAR, PATNA. 2. THE MANAGING DIRECTOR, BIHAR STATE CO- OPERATIVE MARKETING UNION (BISCOMAUN) PATNA. 3. THE ADMINSTRATOR, BIHAR STATE CO-OPERATIVE MARKETING UNION (BISCOMAUN), PATNA. 4. THE FINANCE CONTROLLER, DEPTT. OF ACCOUNTS, BISCOMAUN, PATNA. 5. THE ACCOUNTS OFFICER, DEPTT. OF ACCOUNTS, BISCOMAUN, PATNA. 6. THE REGIONAL JUTE MARKETING OFFICER, BISCOMAUN, GULJARBAGH, PURNEA. 7. THE ASST. P.F. COMMISSIONER (PENSION), SUB- REGIONAL OFFICER, GOVT. OF INDIA, BHAGALPUR. ----------- 09. 19.03.2010 Heard learned counsel for the petitioner, State, respondent no. 6 and respondent – BISCOMAUN. A counter affidavit has been filed on behalf of the BISCOMAUN. The grievance of the petitioner is that upon his superannuation on 31st of March 2008 from the post of Grader, he has not been paid the remaining amount of G.P.F dues to the tune of Rs. 1,13,101/- as the petitioner was paid a sum of Rs. 25,000/- only. It is further submitted that no gratuity has been paid as also the security money of Rs. 5,000/- deposited by the petitioner. The further grievance of the petitioner is with regard to the payment on account of group insurance and some other dues as indicated in paragraph-1 of the writ application. Learned counsel for the BISCOMAUN at the outset submits that the writ petition is not maintainable against the BISCOMAUN and, as such, the same deserves to be dismissed. However, with regard to the merits of the claim learned counsel on instructions submits that on account of financial stringency the retiral dues could not be paid to the petitioner. As a matter of fact, large number of employees who have retired are awaiting to receive their retiral dues and, as such, the respondent – BISCOMAUN took a policy decision with regard to the payment of retiral dues and it has been decided that the retiral dues shall paid in chronological order according to the date of retirement of the concerned employees. It is also submitted that some of the similarly situated employees had also approached this court for payment of the retiral dues by filing a writ petition in which direction was given for making the payment against which BISCOMAUN filed an appeal vide L.P.A. No. 778 of 2007. This court dismissed the appeal by order dated 21.04.2008 without interfering with the order of Learned Single Judge in view of the clear-cut statement made on behalf of the BISCOMAUN in its affidavit to the effect that since the BISCOMAUN is passing through financial stringency, it has been decided to pay the retiral dues of his retired employees on chronological basis and when the fund is made available. The court observes :- “ We hope and except (sic) that dues of writ petitioner – respondent shall also be paid on time as and when his turn will come.” Learned counsel for the BISCOMAUN submits that the dues of the petitioner was also to be paid on its due turn in the chronological order. Learned counsel in reply submits that the statement made on behalf of the BISCOMAUN that the dues of the petitioner shall be paid on its due turn in chronological order is not specific for the reasons that it has not disclosed as to the total number of employees who are waiting for receiving their retiral dues and in that chronological list, if so prepared by the BISCOMAUN, what is the serial number of the petitioner in order to assess as to why within what time the petitioner would be receiving his retiral dues. As a matter of fact, BISCOMAUN had not given a clear-cut statement to the effect that as to when the petitioner is likely to receive his retiral dues even following that list which is said to have been prepared in chronological order. Considering the submission of the parties and their respective pleadings it appears that the BISCOMAUN is not disputing its liability to pay the retiral dues, however, submits that on account of financial stringency they are not in a position to make the payment immediately. However, in order to have a uniform policy, the payments are to be made as per the chronological order taking into consideration the date of retirement of the concerned employee. However, in case petitioner approaches the respondent – BISCOMAUN seeking any information with regard to the payment in question, the petitioner shall be informed with necessary details so that the petitioner could know about the expected time of receiving the dues. Such information be given to the petitioner expeditiously, preferably within a period of six weeks on the receipt of such written request along with the certified copy of the order. The writ application stand disposed of with the above observations/directions. Jagdish (Shailesh Kumar Sinha,J.)