IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15597 of 2009 1. DEO KUMAR TIWARY S/O LATE SRI DEO NARAYAN TIWARY R/O MOHALLA- KURAICH, MAHAVIR ASTHAN, NEAR CANAL GALI, NO. 16, P.O. AND P.S.- SASARAM, DISTT.- ROHTAS (SASARAM) Versus 1. NAGAR PARISHAD SASARAM THROUGH ITS CHIEF COUNCILLOR 2. THE CHIEF COUNCILLOR, NAGAR PARISHAD, SASARAM 3. THE EXECUTIVE OFFICER, NAGAR PARISHAD, ROHTAS AT SASARAM For the petitioner :M/s Sanjay Kumar & Surendra Kumar. Choubey, Advocates For the Nagar Parishad :Mr. Vijay Shankar Upadhyay, Advocate 03/ 19.11.2009 Heard learned counsel for the parties. 2. Petitioner is aggrieved by the non- payment of arrears of salary for the period from 1.8.2005 till 8.10.2006 as during the said period, he was made to retire and was not allowed the benefit of the extension of age granted on the basis of the resolution of the State Government, bearing No. 1500 dated 24.3.2005, which was also applicable to the employees of the Nagar Parishad, as it had already adopted the Bihar Service Code. In view of resolution dated 24.3.2005, petitioner ought not to have been retired with effect from 31.7.2005. 3. Request of the petitioner for the aforesaid payment shall be subject to the result of the L.P.A. No. 3 of 2007 and with the aforesaid observation, this writ application is disposed of. Arjun/ (V.N. Sinha, J.)