KEDAR PATI PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who retired from the service of Bihar State Board of Religious Trust. Patna as Inspector on 1-2-1995, is aggrieved on account of nonpayment of his post retrial dues, such as gratuity, amount against unutilised leave and unpaid salary from August, 1992 to February, 1995.

(2.) The Respondent Board has filed counter affidavit and supplementary counter affidavit to which the petitioner has filed rejoinder. A counter affidavit has also been fled on behalf of the State of Bihar (Respondent No. 1) to which a copy of the order passed in C.W.J.C. No. 2601 of 1987 has been annexed as Annexure-A. wherein this Court on details consideration has held that it is obligation of the Board to pay salary of its employees, and, therefore, this Court cannot issue mandate on the State Government to release the amount for payment to its employees.

(3.) The claim of the petitioner is not disputed. Mr. Singh, learned Senior Counsel appearing for the Board, has fairly conceded that the liability to pay pensionary retrial dues is of the Board. However, he contended that the Board is facing complete financial crunch on account of non-cooperative attitude of the State Government. In support of this he referred to various paragraphs of the supplementary counter affidavit filed on behalf of the Board, wherein it is stated that the Government acquired and distributed 33000 Bighas of land of around 100 trusts resulting into a sharp fall in the income of the Board and ultimately it has to depend upon the State Government even for meeting its establishment costs. He also ventured to submit that there has been rise in the income of the Board during the regime of its present President, but, in view of the liability it is like a drop in the ocean. He has, thus, submitted that the Board is not in a position to meet its liability to pay the pensionary dues.