IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7482 of 2005 KUMAR KAMAL SINGH, S/O- LATE AWDHESH KUMAR SINGH, R/O- VILLAGE – CHANWATH, P.S. NAWANAGAR, DISTRICT - BUXAR Versus 1. THE STATE OF BIHAR 2. PRINCIPAL OF MURAR HIGH SCHOOL, MURAR, BUXAR. 3. DISTRICT EDUCATION OFFICER, BUXAR 4. DISTRICT MAGISTRATE, BUXAR 5. ACCOUNTANT GENERAL, GOVERNMENT OF BIHAR 6. KUMAR VIMAL SINGH, S/O- LATE AWDHESH SINGH, R/O- VILLAGE – CHANWATH, P.S. NAWANAGAR, DISTRICT - BUXAR ----------- 2. 05.05.2009 Heard. A counter affidavit has been filed on behalf of the respondent no.3 as well as respondent no. 5 stating therein that the retiral dues of father of the petitioner was already paid to his father. Learned counsel appearing on behalf of the petitioner submits that the payments in question, were received by the respondent no. 6, who was the son of the second wife and the petitioner is son of the first wife and as such, the petitioner was entitled for such payment. Learned counsel for the State submits that notwithstanding the fact, the payments were already made to the father of the petitioner and as such, question of payment of any retiral dues to the petitioner does not arrive. Besides the above, the disputes between the - 2 - petitioner and the respondent no. 6 cannot be considered and decided appropriately in this writ proceeding. In view of the submission of the parties and upon perusal of the respective pleadings, I could not find that the dispute raised by the petitioner that he being the son of the first wife, is entitled to the retiral dues cannot be considered and decided appropriately in the writ proceedings. In the facts and circumstances of the case, I do not find any merit in this writ application. Accordingly, the same is dismissed. Jagdish/- (Shailesh Kumar Sinha,J)