IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4169 of 2007 KISHORI PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 03/ 05.03.2010 Heard Mr. Ajay Kumar Thakur, learned counsel appearing on behalf of the petitioner, Mr. D. Chaudhary, assisting counsel to S.C. 3 and Mr. Satyabrat Verma, learned counsel representing the State of Jharkhand. The writ petition was filed for payment of retiral benefits and other dues admissible to the petitioner who superannuated with effect from 31.3.2001 from the services of the State of Jharkhand since after the creation of the said State under the provisions of the Bihar Reorganization Act, 2000 (hereinafter referred to as the Act). Admitted position is that the petitioner superannuated as an employee of the Government of Jharkhand. Section 53 of the said Act read with Schedule 8(2) thereof clearly enumerates the financial liability and responsibility of the respective State consequent upon the bifurcation and provides that such of the employees who have retired prior to 2000 in either of the States would draw their benefits from the State of Bihar and such of the employees who are superannuating subsequent to the bifurcation on 15.11.2000 would be drawing their retiral benefits from the respective State(s). In view of the aforesaid stipulation in the Act, the remedy 2 of the petitioner lies before the High Court of Jharkhand. In view of the aforesaid position, Mr. Ajay Kumar Thakur, learned counsel appearing on behalf of the petitioner seeks permission to withdraw the writ petition to enable the petitioner to pursue his remedy before the High Court of Jharkhand. Permission is accorded. The writ petition is dismissed as withdrawn. S.Sb/- (Jyoti Saran, J.)