IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4364 of 2011 ARUN KUMAR SINHA, SON OF LATE PARMESHWAR DAYAL, RESIDENT OF VILLAGE/P.O. BAIKATHPUR, P.S. KHUSRUPUR, DISTT. PATNA. Versus 1. THE STATE OF BIHAR, THROUGH MR. AFZAL AMANNULLAH, THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. MR. AFZAL AMANNULLAH, THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. MR. BINOD KUMAR JHA, THE JOINT SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. MR. RAMESHWAR SINGH, THE SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. MR. ASHOK PRIYADARSHI, THE DEPUTY SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 6. BIHAR STATE CONSTRUCTION CORPORATION LIMITED, KHWAZA IMLI, ANISABAD, PATNA-800002, THROUGH ITS MANAGING DIRECTOR, NAMELY, MR. RAM BILASH CHOUDHARY. 7. MR. RAM BILASH CHOUDHARY, MANAGING DIRECTOR, BIHAR STATE CONSTRUCTION CORPORATION LIMITED, KHWAZA IMLI, ANISABAD, PATNA-2. 8. MR. SANJAY OJHA, THE SECRETARY CUM ADMINISTRATIVE OFFICER, BIHAR STATE CONSTRUCTION CORPORATION LIMITED, KHWAZA IMLI, ANISABAD, PATNA-2 ---------------------------------- With Miscellaneous Jurisdiction Case No.4365 of 2011 DINESH PRASAD SHARMA, SON OF SRI PARAS PRASAD SINGH, RESIDENT OF CHAKMUNNI, P.O. MADHOPUR, P.S./DISTT. VAISHALI. Versus 1. THE STATE OF BIHAR, THROUGH MR. AFZAL AMANNULLAH, THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. MR. AFZAL AMANNULLAH, THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. MR. BINOD KUMAR JHA, THE JOINT SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. MR. RAMESHWAR SINGH, THE SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. MR. ASHOK PRIYADARSHI, THE DEPUTY SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 6. MR. ANIRUDH PRASAD SINGH, THE DIRECTOR CUM JOINT COMMISSIONER, ACOCUNTS ADMINISTRATION, PROVIDENT FUND DIRECTORATE, BIHAR, PATNA. 7. MR. ASHOK KUMAR, THE DISTRICT PROVIDENT FUND OFFICER, ROHTAS(SASARAM). 8. MR. MANISH KANT JHA, THE DISTRICT PROVIDENT FUND 2 OFFICER, MUZAFFARPUR. 9. BIHAR STATE CONSTRUCTION CORPORATION LIMITED, KHWAZA IMLI, ANISABAD, PATNA-800002, THROUGH ITS MANAGING DIRECTOR, NAMELY, MR. RAM BILASH CHOUDHARY. 10. MR. RAM BILASH CHOUDHARY, MANAGING DIRECTOR, BIHAR STATE CONSTRUCTION CORPORATION LIMITED, KHWAZA IMLI, ANISABAD, PATNA-2. 8. MR. SANJAY OJHA, THE SECRETARY CUM ADMINISTRATIVE OFFICER, BIHAR STATE CONSTRUCTION CORPORATION LIMITED, KHWAZA IMLI, ANISABAD, PATNA-2 --------------- 06. 09.12.2011 In compliance of the order of the High Court dated 12.07.2010, alleging non-compliance whereof present contempt petitions have been filed, Bihar State Construction Corporation Ltd.(hereinafter referred to as the Corporation) has filed L.P.A., which is yet to be numbered but meanwhile, they have complied the order by issuing order dated 8.12.2011. In the light of order dated 8.12.2011 the contempt petitions are disposed of, but it is made clear that order dated 8.12.2011 issued by the Managing Director of the Corporation will be subject to the result of the L.P.A. Counsel for the petitioner Arun Kumar Sinha then submitted that having superannuated his retiral dues have also not been paid so far. Counsel 3 for the Corporation states that Corporation does not have any fun for payment of retiral dues of petitioner Arun Kumar Sinha. In view of the stand taken by the Corporation that it does not have any fund to release the retiral dues, let petitioner Arun Kumar Sinha challenge the aforesaid stand of the Corporation in the light of the judgment of the Hon’ble Supreme Court in the case of Kapila Hingorani Versus The State of Bihar, reported in 2003(3) PLJR 17(S.C.). Rajesh/ ( V. N. Sinha, J.)