IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6410 of 2005 BALESHWAR PASWAN, son of late Rit Lal Paswan, resident of village – Harpur Silaut, P.O. Rahmatpur, District – Samastipur. Versus 1. THE SAMASTIPUR MUNICIPALITY, Samastipur through its Executive Officer. 2. The Executive Officer, Samastipur Municipality, Samastipur. ----------- 04. 27.03.2009 Petitioner was a Class IV employee holding the post of an orderly when retired on 30.5.2003. When his retiral dues whatever it worth was not settled he came before the High Court seeking a direction. As is the condition of most of these establishments they do not have the requisite fund available all the time to meet the liability and the expenditure of the establishment. A large number of employees have not been even paid salary for many a years across the State of Bihar. The condition of Samastipur Municipality is no better. Respondents however in their counter affidavit have indicated the details of some of the payments which have been made. They have denied liability with regard to pension but for gratuity they have assured the Court that they are waiting for the release of grant from the State of Bihar. The moment same is released, petitioner’s case will be taken up for payment along with other retiral dues in seriatim. This methodology has to be adopted because resource is an issue. Though lack of resource can not come in the way of an employee to claim his due which is entitled to but keeping the ground - 2 - reality as well as the statement made in the counter affidavit, it is hoped and expected that respondent authorities shall work out the modality so that gratuity payment can be made to the petitioner the moment grant is received by them from the State Government which they expect will be sanctioned in the financial year. The writ application is disposed of with the above observation. rkp (Ajay Kumar Tripathi, J)