IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2005 of 2010 1. SURESH DAS S/O LATE MUNILAL DAS R/O MOHALLA- SADIPUR R.D.N.D.J. COLLEGE ROAD, NEAR EAST AMBE CHOWK, P.S.- KOTWALI, DISTT.- MUNGER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER-CUM-SECRETARY, RURAL DEVELOPMENT, GOVT. OF BIHAR, PATNA 3. ZILA PARISHAD, MUNGER THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, MUNGER 4. THE DIRECTOR, PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA ----------- 4. 05.03.2010. Heard learned counsel for the petitioner and the counsel for the Zila Parishad, Munger Sri S.D.Yadav who prayed for time to file counter affidavit but the nature of the order which this Court is proposing to pass does not admit of grant of any adjournment for counter affidavit, in the circumstances, the prayer to file counter affidavit is refused. 2. Petitioner superannuated on attaining 60 years of age while serving the Zila Parishad, Munger. He has filed this writ application for a direction to the Zila Parishad to consider his case for payment of arrears of salary for the period 13.10.2006 till 4.5.2007 as in compliance of the order of the High Court dated 15.9.2006 passed in C.W.J.C.No. 8583of 2005, Annexure-1 he submitted his joining before the Chief Executive Officer, Zila Parishad, Munger on 13.10.2006 and requested the authorities to allow him to continue in the service of the Zila Parishad until he attains 60 years of age but the Zila Parishad refused to accept his joining as petitioner was not a party in C.W.J.C.No. 8583 of 2005, so submitted counsel for the Zila Parishad. In the background of the aforesaid fact it is submitted that petitioner cannot be held responsible for not serving the Zila Parishad for the period between 13.10.2006, the day on which he filed representation, Annexure-2 till he was allowed to join vide order dated 4.5.2007, Annexure-4. 3. In rejoinder counsel for the petitioner submitted that the - 2 - aforesaid writ petition was filed by the Association of which the petitioner was also a member and as the writ petition was allowed directing the authorities of the Zila Parishad to grant the benefit of the extend retirement age of 60 years with effect from 24.3.2005 the authorities should have considered the representation of the petitioner dated 13.10.2006, Annexure-2 and should have allowed him to join on the date of the representation itself but as the authorities have taken time to permit him to join and actually permitted him to join on 4.5.2007 he cannot be held responsible for such failure on the part of the authorities. 4. Having heard counsel for the petitioner and the Zila Parishad, I permit the petitioner to represent before the authorities for release of payment of arrears of salary for the period 13.10.2006 till 4.5.2007, Annexure-4 which should be considered and disposed of in accordance with law as early as possible in any case within one month from the date of receipt of the representation along with a copy of this order and petitioner be paid the aforesaid amount. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)