IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1883 of 2005 SHYAM SUNDER GIRI Versus THE STATE OF BIHAR & ORS ----------- 8. 21.4.2010 Mr. Mahesh Narayan Parbat, learned counsel for the petitioner, Mr. Ashutosh Singh, learned Assisting Counsel to G.P.8 for the State and Mr. Prabhat Kumar Singh, learned counsel for the Zila Parishad, Samastipur are present. In the light of the orders passed by this Court, a counter affidavit on behalf of the State in its Panchayati Raj Departrment and second supplementary counter affidavit on behalf of the Zila Parishad, Samastipur through the Deputy Development Commissioner have been filed. Whereas the counter affidavit filed on behalf of the State explains the release of funds in favour of the Zila Parishad from the State enclosing the relevant release order(s) in the said affidavit, the second supplementary counter affidavit filed on behalf of the Zila Parishad, Samastipur reiterates the payment position due to precarious financial condition of the Parishad. It is stated that a total number of 38 retired personnel are awaiting payment of their retiral dues out of whom about nine of them have moved this Court for payment of their dues and the petitioner is one - 2 - of them. Regard being had to the facts that the petitioner had superannuated from the service as back as on 31.1.2002 and a period more than eight years have passed thereafter, I am of the opinion that awaiting the release of fund, the Zila Parishad should make part payment of the pending claims of the petitioner. Thus, taking in to consideration the submission made on behalf of the Zila Parishad in the counter/supplementary counter affidavit(s) filed in the present case, I am of the opinion that the ends of justice would be served in directing the Zila Parishad concerned for making payment of the 50 per cent of the arrears of salary of the petitioner within a period of two weeks of receipt/production of a copy of this order. It is contended by Mr. Prabhat Kumar Singh, learned counsel for the Zila Parishad, with reference to the statements made in the counter/supplementary counter affidavit(s) that the entire admissible dues of the petitioner towards payment of retiral and other dues have been paid to him except part payment of the arrears of salary. He submits that having regard to the large number of retired personnel, the Zila Parishad concerned is making endeavor for making - 3 - payment thereof but in chronological order as per the availability of the fund. Learned counsel for the petitioner disputes the position and submits that there are other pending claims of the petitioner as well. Thus taking into consideration that a period of more than eight years have elapsed since the retirement of the petitioner, the Respondent No.5 the District Development Commissioner cum the Chief Executive Officer, Zila Parishad, Samastipur would make payment of the 50 per cent of the balance pending dues including amount of salary etc. of the petitioner within two weeks from the date of receipt/production of a copy of this order but the balance thereof would be paid to him as per the chronological order. In case the petitioner disputes the calculations, he shall be at liberty to raise his grievances and which shall be considered and disposed of in accordance with law by a speaking order. The writ petition stands disposed of with the directions aforesaid. (Jyoti Saran,J.) ahk