IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1409 of 2008 BASULIA wife of Soharai, resident of Mohalla-Gudari Sarai, P.O.Bhagwan Bazar, P.S. Bhagwan Bazar, District-Saran, retired sweeper, Chapra Municipality, Chapra Versus 1. THE STATE OF BIHAR through Smt. S. Jalza, Secretary, Urban Development Department, Government of Bihar, Patna. 2. Nagar Parishad, Chapra, through its Executive Officer Sri Devendra Kumar Sabita, At & P.O.& P.S. Chapra, District-Saran. 3. Smt. Gayatri Devi, Chairman, Nagar Parishad, Chapra 4. Sri Devendra Kumar Sabita, the Executive Officer, Nagar Parishad, Chapra, At & P.O. & P.S.-Chapra, District-Saran. ----------- 9. 3.2.2010 Heard learned counsel for the petitioner and learned counsel for the opposite parties. As directed, the Executive Officer, Nagar Parishad, Chapra was personally present in Court yesterday and is also present in Court today. The direction of this Court in the order under contempt dated 7.8.2003 was that the petitioner will appear before the District Magistrate, Chapra, who will examine his claim in the light of the order of the Division Bench in Chapra Municipality, Chapra & Anr. v. The State of Bihar & others: 2003 (3) PLJR 150 and if it is found that the petitioner is entitled to get pension he shall be allowed the benefit and arrears of pension and current salary shall be paid to him after deducting the amount of Rs.5484.15 received by him as the employers’ contribution to the C.P.F. - 2 - In the supplementary affidavit the petitioner has brought on record the order of the Collector dated 9.11.2004 from which it appears that the only conclusion the Collector could draw was that either no option was sought from the health employees or the file itself has been made to be disappear and that no other conclusion was possible. After considering the entire matter, no specific order was passed by the Collector as to whether the petitioner was entitled to get pension or not, rather the matter was referred to the Secretary, Urban Development Department, Government of Bihar, Patna. In the show cause filed on behalf of the Executive Officer, Chapra Municipality, it is stated that apart from payment of all other retiral dues the petitioner, in terms of the decision taken by the Chapra Municipality to pay pension to all its employees with effect from 1.6.2007, has been paid arrears of pension from June,2007 to May,2009 and subsequently from June, 2009 to October 2009 and for the remaining period also the arrears will be paid within six weeks. In view of the aforesaid circumstances, since no specific order was passed by the District - 3 - Magistrate, Chapra in favour of the petitioner for the payment of pension to her, it does not appear to this Court that any contempt has been committed by the opposite parties. The contempt application is, accordingly, dismissed. However, it would be open to the petitioner to assail the action of the authorities of the State Government and the Chapra Municipality in appropriate proceedings. The personal appearance of the Executive Officer, Chapra Municipality is dispensed with. VPS ( Ramesh Kumar Datta, J. )