IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21823 of 2012

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Shankar Kumar Mandal S/o Late Jagdish Mandal R/o Mohalla-Gullowar,

P.S.-Darbhanga Town, Distt-Darbhanga

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Panchayati Raj

Department, Government of Bihar, Patna

2. The Deputy Development Commissioner-cum-Chief Executive Officer,

Zila Parishad , Darbhanga

3. Zila Parishad, Darbhanga through its Chairman, Zila Parishad, Darbhanga

.... .... Respondents

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Appearance :

For the Petitioner/s : Mr. Mithilesh Kr.Singh, Advocate

For the State : Mr.Lalan Kumar, AC to G.P.26

For Zila Parishad : Mr.Md. Shahnawaz Ali, Advocate

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CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR

DATTA

ORAL ORDER

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18-12-2012

Heard learned counsel for the petitioner and learned

counsels for the State and for the Zila Parishad, Darbhanga.

The petitioner, who retired as an Assistant in the Zila

Parishad, Darbhanga on 31.3.2012, is aggrieved on account of

non-payment of his post retiral dues like gratuity, leave

encashment, etc. So far as the claim of the petitioner regarding

difference of pay is concerned, liberty is granted to the petitioner

to take recourse to appropriate proceedings including filing

another writ petition.

Learned counsel for the Zila Parishad submits that on

account of financial stringency the Zila Parishad is making the

Patna High Court CWJC No.21823 of 2012 (2) dt.18-12-2012

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post retiral dues in chronological order.

This Court does not find any justification in such stand

on behalf of the Zila Parishad which is the third tier of governance

according to the provisions of the Constitution and Act of the State

Legislature.

It is, accordingly, directed that the petitioner should be

paid all his admissible post retiral dues within a period of four

months from the date of receipt/production of a copy of this order.

The writ application is disposed of with the aforesaid

observations and directions.

spal/-

(Ramesh Kumar Datta, J)