IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8494 of 2010 MAHESH SINGH, son of Late Ram Lal Singh, resident of Village Mirganj, P.O. & P.S. Mirganj, District Gopalganj. ---Petitioner Versus 1. THE STATE OF BIHAR through the Road Construction Department, Government of Bihar, Patna. 2. The Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna. 3. The Chief Engineer, Road Construction Department, Government of Bihar, Patna. 4. The Superintending Engineer, Road Construction Department, Government of Bihar, Patna. 5. The Executive Engineer, Road Construction Division, Siwan. 6. The Assistant Engineer, Road Construction Sub-Division, Siwan. ---Respondents ----------- 2. 14.5.2010 Heard the learned counsel for the petitioner and the State. The grievances of the petitioner is that upon his superannuation long back on 31st of January, 2003 from post of Junior Engineer, Road Division, Siwan in the Road Construction Department, all the retiral dues have been paid save and except the payment of the amount equivalent to the unutilized earned leave. It is submitted that no departmental proceeding was initiated or pending against the petitioner. It is, however, submitted that the petitioner himself lodged a criminal case, vide Siwan Mufassil P.S. Case No.34/2003 for the theft of bitumen. The police after investigation submitted final form, which was accepted by the concerned Chief Judicial Magistrate, Siwan as per the order dated 13.5.2008, as contained in Annexure 4. The petitioner submitted representations dated 17.6.2009 and - 2 - 12.10.2009, as contained in Annexures 5 series, for the payment of the aforesaid leave encashment amount, but despite representations and requests, the amount has not been sanctioned and paid. The learned counsel appearing for the State submits that the petitioner was asked to submit his explanation with regard to the shortage of bitumen valued at more than Rs.15,00,000/-. In this connection, learned counsel for the petitioner submits that an explanation was submitted by the petitioner on 5.5.2003, as contained in Annexure 3. However, the learned counsel for the petitioner submits that for expeditious disposal of the pending claim as highlighted in this writ application, the petitioner proposes to file a fresh representation before the Executive Engineer, Road Construction Division, Siwan (respondent no.5). In case such a representation is filed stating the details of his claim as also enclosing the copy of the relevant documents, if any, in support of such claims along with the certified copy of the present order within a period of six weeks, the grievances of the petitioner as raised in his representation be considered in accordance with law expeditiously, preferably within a period of four months on receipt of such representation, so that the grievances of the petitioner may be settled and the admitted dues, if any, may also be paid within a period of eight weeks thereafter. However, upon consideration, if the claim of the petitioner is found not admissible, the same shall be informed to the petitioner with the reasons thereof. - 3 - The writ application stands disposed of with the above observations/directions. (Shailesh Kumar Sinha,J.) PNM