IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9083 of 2007 Baidya Nath Jha, Aged about 59 years, Son of Late Neel Kanth Jha, Resident of Village – Baijani, P.S. – Jagdishpur in the district of Bhagalpur . Versus 1. The State Of Bihar, through the Commissioner cum Secretary, Department of Finance, Govt. of Bihar, Patna. 2. The Commissioner cum Secretary, Department of Finance, Govt. of Bihar, Patna. 3. The Chairman, BISCOMAUN, Biscomaun Bhawan, West Gandhi Maidan, Patna -1. 4. The Managing Director, BISCOMAUN, Biscomaun Bhawan, West Gandhi Maidan, Patna -1. 5. The District Manager, Range Office, BISCOMAUN, Bhagalpur. ----------- 3 07.07.2011 Heard Sri Shailendra Kumar, learned counsel for the petitioner, Sri Amrendra Kumar, learned AC to GP No. 8, who appears for respondent nos. 1 & 2/State of Bihar and Sri Vikash Kumar, learned counsel appearing on behalf of respondent nos. 3 to 5/Biscomaun. The petitioner who retired from Biscomaun in the year 2006 by filing the present writ petition has made a prayer for directing the respondents to make payment of his retiral dues as well as arrear of salary. Learned counsel for the petitioner admits that during the pendency of the writ petition most of the grievances relating to retiral dues were redressed. Only amount in respect of group insurance, gratuity and leave encashment is outstanding. Before the court learned counsel Sri Vikash Kumar has handed over two cheques for an amount of Rs. 57,372/- relating to group insurance and another for an amount of Rs. 35,484/- for gratuity and leave encashment to learned counsel for the petitioner. Learned counsel for Biscomaun has also raised an objection on the point of maintainability of the writ petition on the ground that presently Biscomaun is being run by a duly elected Managing Committee and as such it is a co-operative society. It was submitted that since it is a co-operative society it cannot be termed as a State within the meaning of Article 12 of the Constitution of India and as such this court may not entertain a writ petition. Learned counsel for the petitioner in view of the facts and circumstances particularly the fact that all the retiral dues have been paid has prayed for granting liberty to the petitioner to approach the authority concerned under the Co-operative Society Act for the purposes of claim of arrear of salary. Learned counsel for the petitioner is permitted to withdraw this writ petition with liberty to approach the competent authority under the Co-operative Society Act. It is made clear that period consumed in persuading the present writ petition shall be excluded while considering limitation in filing any petition. With above observation and direction the writ petition stands disposed of. Praful (Rakesh Kumar, J.)