IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21550 of 2011 Shiv Kumar, son of late Sadhu Saran Singh, resident of village Bansi Dihri Peur, Police Station Sahar, District Bhojpur at Ara. ... ... Petitioner. Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Secretary, Cooperative Society, Bihar, Patna. 3. The Registrar, Cooperative Society, Bihar, Patna. 4. The General Manager, Samekit Samaj Vikash Pariyojna, Garhwa, Jharkhand. 5. Assistant Registrar, Cooperative Society, Garhwa Circle, Garhwa (Jharkhand). 6. State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Ranchi. 7. The Registrar, Cooperative Society, Jharkhand, Ranchi. ... ... Respondents. ---------------------------------- 3. 8.12.2011. Heard Shri Dinu Kumar, learned counsel for the petitioner, Shri Ravindra Roy, learned A.C. to G.p.22 appearing on behalf of the respondent/State of Bihar and Shri Dhrub Mukherjee, learned counsel appearing on behalf of respondent no.6/State of Jharkhand. The petitioner has claimed in the present writ petition in respect of so- called retiral dues of his father, who was earlier posted as Cooperative Extension Officer in the State of Jharkhand. It has been admitted by the petitioner himself in the writ petition that father of the petitioner was in service up to 1990. However, according to the petitioner, the 2 father of the petitioner was to retire in the year 1997. The father of petitioner died in the year 2008 and thereafter, the petitioner in the year 2011 has approached this Court for directing the respondents to pay retiral dues. Shri Dinu Kumar, learned counsel for the petitioner submits that in the year 2010 itself a communication was made by Joint Director, Cooperative Societies, South Chhotanagpur Division, Ranchi to the Assistant Registrar, Cooperative Societies, Garhwa Circle, Garhwa in respect of claim of the petitioner. Learned counsel for the petitioner further submits that petitioner has also filed representation before the Joint Registrar, Cooperative Societies, Government of Bihar vide Annexure-3 to the writ petition. It was submitted that despite the fact that representation was filed by the petitioner on 13.7.2010, no decision has been taken by the authority concerned. It was further submitted that since State of Jharkhand was bifurcated in the year 2000 itself and father of the petitioner was 3 supposed to retire in the year 1997, the petitioner is entitled to maintain the present writ petition. It is not in dispute that father of the petitioner had functioned up to the year 1990 and thereafter, no explanation has been given as to whether he continued in service till the date of retirement or not, but it has been pleaded that he was to retire in the year 1997. Even for the time being, if it is assumed that father of the petitioner retired in the year 1997, still he was alive up to year 2008. There is nothing on record to show that the father of the petitioner had raised any grievances on earlier occasion. Even though father of the petitioner died in the year 2008, in the year 2011, the petitioner has approached this Court for claiming retiral dues. The court is of the opinion that in such stale matter, writ jurisdiction can be invoked and writ petition stands dismissed. N.H./ ( Rakesh Kumar,J.)