IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1382 of 2009 ----------- Lakhan Prasad, son of late Mangal Mahto, resident of village Chandasi, P.O. & P.S. Noorsarai, District Nalanda. …. Petitioner versus 1. The State of Bihar 2. Sri Amir Subhani, I.A.S., Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 3. Sri Madan Mohan Prasad, Director, Provident Fund, Government of Bihar, Patna. 4. Sri I.D.S. Dhariwal, Accountant General, Bihar, Veer Chand Patel Path, Patna. 5. Sri Radha Mohan Rai, Treasury Officer, Patna. ……..Opposite Parties. -------- For the Petitioner : Mr. Shanti Pratap, Advocate For the Opp. Parties : Mr. Arvind Ujjwal, Advocate -------- 05/ 13.01.2010 Heard learned counsel for the petitioner and learned counsel for the opposite parties. 2. It transpires that while disposing of C.W.J.C. No. 5641 of 2005 this Court, vide its order dated 07.07.2008, gave opportunity to the petitioner to file an application before the Secretary, Personnel and Administrative Reforms Department, Government of Bihar ( respondent no.2) within four weeks from that date along with a copy of that order and all relevant papers with respect to the amounts of pension, gratuity and leave encashment which were then due along with arrears of D.A. and if such application was filed within the prescribed period by the petitioner, the said authority was directed to dispose it of by speaking order in accordance with law within eight weeks thereafter, keeping in view the order of this Court dated 24.01.2002 passed in C.W.J.C. No. 15588 of 2001 (Annexure 2). 2 3. In their show cause, opposite parties concerned have tendered unqualified apology for delay in compliance of the said order. However, learned counsel for the opposite parties submits that since order has been duly complied vide a speaking order dated 27.11.2008 (Annexure 7), no case of contempt is made out against the opposite parties. 4. Considering the aforesaid circumstances and also considering the fact that the order of this Court dated 07.07.2008 passed in C.W.J.C. No. 5641 of 2005 has been complied, this Court does not find any reason to continue with this M.J.C. petition, which is, accordingly, disposed of. 5. However, it may be noted that this Court has not made any comments with respect to the merit or otherwise of order dated 27.11.2008 ( Annexure 7) passed by the authority concerned. The petitioner will be at liberty to challenge the said order before an appropriate authority raising all the points available to him including the points taken in this petition and the said application if filed will be considered on its own merit. MPS/ ( S. N. Hussain, J. )