IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7331 of 2003 Moidur Rahman, son of Late Haji Ziyaur Rahman, resident of village Chandradei, P.S. Araria, District- Araria ……………. Petitioner Versus 1.The State Of Bihar through Chief Secretary, Bihar, Patna 2.The State of Jharkhand through Chief Secretary, Ranchi 3.Sri Alakhdeo Prasad, I.A.S. at present posted as Director, Secondary Education, Human Resources Department, Govt. of Jharkhand, Ranchi ……………. Respondents. ----------- For the Petitioner : Md.Nadim Seraj and Zainul Abedes, Adv. For State of Bihar : G.P.-8 For Jharkhand State: Mr.Dhruva Mukherjee,Adv. ----------- 6. 07/07/2010 From Annexure-3, it appears that the executing court, dealing with execution of a money decree passed in favour of the petitioner, had requested the Chief Secretary, Jharkhand State in the year 2000 to direct the concerned Treasury Officer for recovery of the decreetal amount from the pay of the judgment debtor, who was in service in Jharkhand State, and transmit the said amount to the court for payment to the decree holder. Earlier a counter affidavit was filed on behalf of the Jharkhand State wherein it was stated that since appeal of the judgment debtor was pending, action - 2 - could not be taken on the request of the executing court. However, now, it is admitted that the appeal of the judgment debtor stands dismissed. An affidavit has also been filed on behalf of Respondent no.2 i.e. the Chief Secretary, Jharkhand State in which it is stated that the judgment debtor has now superannuated from service and is drawing his pension from Ranchi Treasury, Ranchi. In the circumstances, Respondent no.2, the Chief Secretary of Jharkhand State is required to comply the request of the executing court as made to him by Annexure- 3, by issuing necessary directions to the Treasury Officer, Ranchi. It is expected that the Chief Secretary, Jharkhand State shall comply with the same within two months from today. It is also expected that the decreetal amount which is now to be deducted from the pensionary benefits of the judgment debtor shall be transmitted to the executing court in Araria at the earliest. Mr.Mukherjee, learned counsel appearing for respondent no.2 assures this Court that he will communicate this order to - 3 - the Chief Secretary advising him to take necessary steps in the matter. Petitioner will be at liberty to request the executing court, Araria to calculate up-to-date amount which he is now entitled to be paid from the judgment debtor and communicate the same to the Chief Secretary, Jharkhand State. This writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh, J.)