IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22571 of 2011 Dr.Kamal Kumar Sah, S/o Late Baidya Nath Sah, at present resident of B.N. Nursing Home Opp. Hope Hospital, Raniganj, P.O. + P.S. Raniganj, District Araria. ... ... Petitioner. Versus 1. The State Of Bihar through the Principal Secretary, Deptt. of Health, Govt. of Bihar, Patna. 2. The Deputy Secretary, Deptt. of Health, Govt. of Bihar, Patna. 3. The Civil Surgeon-cum-Chief Medical Officer, Araria, District Araria. ... ... Respondents. ---------------------------------- 2. 19.12.2011. Heard Shri Santosh Kumar Verma, learned counsel for the petitioner and Shri Baidnath Thakur, learned A.C. to S.C.4 appearing on behalf of all the respondents/State of Bihar. The petitioner, who took voluntary retirement on 17.10.2008 while functioning as Medical Officer, Referal Hospital, Raniganj, Araria, has prayed for directing the respondents to pay full amount of un-utilized leave encashment for 278 days. It was submitted by learned counsel for the petitioner that after voluntary retirement, all other retiral dues of the petitioner have already been paid. However, the amount under the head of leave encashment has not been cleared till date. It was submitted that, for the relief sought for in the present writ petition, the petitioner has filed a representation before respondent no.2/Deputy Secretary, Department of Health, Government of 2 Bihar. However, neither on his representation any decision has been taken nor dues have been cleared till date. In view of the facts and circumstances, the writ petition stands disposed of granting liberty to the petitioner to file a fresh representation before respondent no.2 within a period of six weeks from today. If such representation is filed, respondent no.2 is required to examine the same and pass appropriate order in accordance with law within a period of two months from the date of filing of such representation. If respondent no.2 considers the claim of the petitioner as genuine, he is required to pass order for clearing the dues within aforesaid time. Even in case of refusal, respondent no.2 is required to pass a speaking order and communicate the same to the petitioner within two months from the date of filing of such representation. With above observation and direction, the writ petition stands disposed of. N.H./ ( Rakesh Kumar,J.)