IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1618 of 2009 SHOABHAKANT JHA, Son of Late Nathan Jha, Resident of Village- Fatehpur, P.O. Gogari, P.S. Jamalpur, District Khagaria. Versus 1. THE STATE OF BIHAR 2. The Secretary, Rural development, Govt. of Bihar,Patna. 3. The Engineer-in-chief-cum- Additional Secretary-cum-Special Secretary, rural Engineering & Rural Development, Department, Government of Bihar, Patna. 4. The Superintending Engineer, Rural Engineering Organisation, Work Division, Purnea. 5. The Executive Engineer, R.E.O. Katihar. 6. The Accountant Genera, Bihart, Patna .......... Respondents. --------- 2 02-02-2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was appointed in Work Charge Establishment of Rural Engineering Organization, Works Division, Katihar in the year 1980. His grievance is that a person junior to him as Chaukidar in Work Charge Establishment, namely Rajendra Sinha was taken into regular establishment by an order contained in letter no.137 dated 18- 3-1996 in which his name was at serial no. 310. Petitioner has superannuated from Work Charge Establishment on 31-10-2002 and this writ petition has been filed after accepting all the retrial benefits, on 30th January, 2009. Admittedly, petitioner has delayed in moving this court. Ordinarily, he should have approached this court as soon as his junior was given preference or at least before his retirement. However, in view of submission that petitioner is semi literate and was only a Chaukidar, liberty is granted to the petitioner to pursue his representation which is said to be pending from before. - 2 - Naresh If a representation in this matter has been filed by the petitioner earlier, the same shall be disposed of by the concerned officer in accordance with law within three months from the date of production/communication of a copy of this order. It is made clear that in case petitioner’s claim is not accepted then reasons in brief shall be communicated to him and if so advised, he may pursue his grievances thereafter before Civil Court. It goes without saying that if petitioner is granted relief then the consequent monetary benefits should be paid to him without any delay. ( Shiva Kirti Singh,J)