IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15427 of 2004 UMESHA NAND JHA, SON OF LATE BALESHWAR JHA, RESIDENT OF VILLAGE+ POST-NAYAGAON, P.S.-BATH (SULTANGANJ), DISTRICT- BHAGALPUR ………………….. PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH ITS ENGINEER IN CHIEF- CUM-SPECIAL SECRETARY, IRRIGATION DEPARTMENT, SINCHAI BHAWAN, BIHAR, PATNA 2. IRRIGATION DEPARTMENT THROUGH ENGINEER IN CHIEF, SINCHAI BHAWAN, BIHAR, PATNA 3. THE BIHAR STATE CONSTRUCTION CORPORATION LTD., PATNA THROUGH ITS MANAGING DIRECTOR, SINCHAI BHAWAN, ANISABAD, PATNA 4. MANAGING DIRECTOR, BIHAR STATE CONSTRUCTION CORPORATION LTD., PATNA 5. WORKS MANAGER BIHAR STATE CONSTRUCTION CORPORATION LTD., JAMUI UNIT, DEOGHAR 6. ACCOUNTS OFFICER BIHAR STATE CONSTRUCTION CORPORATION LTD., JAMUI UNIT, DEOGHAR ……………….. RESPONDENTS ----------- 09. 18.05.2011 Counsel for the petitioner, the State as well as the Bihar State Construction Corporation Ltd. are present. Petitioner has filed this application for a direction to Respondents to make payment of arrears of salary for the period in between 01.06.1972 to 22.01.1993, when he was on deputation as Junior Engineer in Bihar State Construction Corporation Ltd. Petitioner’s grievance was that despite submission of his claim in response to the notice issued by the Respondent, Bihar State Construction 2 Corporation Ltd., others have been paid their arrears of salary, only he has not been paid. Counsel, appearing for the Bihar State Construction Corporation Ltd. admitted the claim of the petitioner and the reason shown for non- payment of petitioner’s arrears of salary was non- availability of fund. It has also been stated that requisition for release of fund have already been sent to the State Government, but no fund has been released. Counsel, appearing for the State disputed the statement made by the Counsel, appearing for the Bihar State Construction Corporation Ltd. regarding requisition for release of fund. However, on perusal of the Supplementary Affidavit, prepared by the Construction Corporation, annexing the requisition sent by it to State Government for release of fund, a cheque, bearing no. 197699, dated 16.05.2011, amounting to Rs. 1,30,162/- was issued by the Authorities of Bihar State Construction Corporation Ltd. This amount covers the arrears of salary payable to the petitioner, except remaining Rs. 700/-, as claimed by the petitioner. This cheque has been produced by the Counsel, appearing for the 3 Bihar State Construction Corporation Ltd. in Court, which is being handed over to Shri Vijay Kant Mishra, Counsel, appearing for the petitioner to be handed over to the petitioner. The receipt, showing acceptance of this cheque by the petitioner, will be filed by the Counsel, appearing for the petitioner, which will be kept on record. Since the petitioner’s grievance has been redressed, this application is disposed of. SKM (Mridula Mishra, J.)