IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5884 of 2010 1. Arun Kumar S/O Shri Shambhu Nath Prasad R/O Moh Masjid Road, P.O.Pupri, P.S.Pupri, Distt-Sitamarhi Versus 1. The State Of Bihar Through The Agriculture Production Commissioner New Secretariate, Patna 2. Principal Secretary, Panchayati Raj Department Bihar, Patna 3. Director , Panchayati Raj Bihar, Patna ----------- For the Petitioner:- Mr. Prashant Kumar, Adv. For the State:- Mr. S.C.-1 ------------- 3. 12.09.2011 Heard learned counsel for the petitioner and the State. Counsel for the petitioner at the outset submits that the date of superannuation mentioned in Paragraph-11 of the writ application suffers from typographical error and it may be corrected to read as 31.8.2010. The grievance is for a direction to the Rural Development Department under the Directorate of Gram Panchayat to accept his joining from 29.12.2008 and pay him his arrears of salary. Counter affidavit has been filed on behalf of respondent no. 1, the Agriculture Production Commissioner. It states that the petitioner was an employee of the erstwhile State Agriculture Marketing Board. After dissolution of the Board, the petitioner was absorbed in the State Government by Cabinet approval. The employees were posted in the 2 appropriate department and paid salary. The joining of the petitioner was not accepted by the Department of Panchayati Raj for which directions were given on 2.6.2010 for redressal of his grievances by appropriate resolution of the controversy. The counter affidavit then concludes at Paragraph-6 had his grievance can be redressed by the Department of Panchayati Raj only. The petitioner is stated to have also represented on 5.8.2010 before the Principal Secretary, Panchayati Raj during the pendency of the writ application. No counter affidavit has been filed on behalf of the Panchayati Raj Department despite passage of nearly one and half years since the filing of the writ application after serving two copies in the office of the Advocate General. The specific order of the Court dated 2.12.2010 to the Panchayati Raj department to file counter affidavit has evoked no response. The Court is not persuaded to adjourn the matter further for the purpose. If the respondents in the Department of Panchayati Raj do not consider it necessary to assist the Court in dispensation of justice, the Court finds that the absorption of the petitioner is not in dispute form the counter affidavit 3 filed on behalf of Agriculture Production Commissioner. Annexure-B to the counter affidavit dated 2.6.2010 adequately gives directions for resolution of the petitioner’s grievance with regard to the acceptance of his joining. Applying the principle of non traverse against the Department of Panchayati Raj, the Court accepts the plea of the petitioner and issues mandamus to pay him his arrears of salary from 29.12.2008 till his date of superannuation i.e. 30.6.2010 within a maximum period of six weeks from the date of receipt/production of a copy of this order. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)