MUNESHWAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, prayer on behalf of petitioner is to direct the Respondents to pay post -retiral dues and other arrears, such as, pension, gratuity, clearness allowance, leave encashment, due bonus and increments, group insurance and salary of 17 months i.e. 3.9.1996 to 11.2.1998.

(2.) A counter affidavit has been filed by the Executive Engineer, Road Construction Department, Path Pramandal, Nawadah (Respondent no. 4).

(3.) EARLIER vide order dated 1.3.2002 the State Counsel was directed to file counter affidavit specifically on the point as to why up -till -now no order has been passed regarding the period for which the petitioner was in custody as per Rule 178 of the Boards Miscellaneous Rules. Despite the said order, no counter affidavit was filed in compliance thereof. The Court vide order dated 11.4.2002 after considering the provisions of Rule 178, by way of last indulgence directed the Respondents to file counter affidavit regarding compliance of the formalities for regularisation. It is really unfortunate that even until the last date i.e. day before yesterday when the matter was taken up there was no compliance. However, this Court granted further indulgence to come with compliance, but, till date there has been no compliance.