IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17909 of 2009 HEMANT KUMAR TIWARY S/O LATE SURESH TIWARY, R/O TETRI TOLI, NAMKUM P.S NAMKUM, TOWN AND DISTRICT RANCHI Versus 1. THE STATE OF BIHAR 2. THE AGRICULTURE PRODUCTION COMMISSIONER, DIRECTORATE OF AGRICULTURE, GOVT. OF BIHAR 3. THE JOINT DIRECTOR, AGRICULTURE, BHAGALPUR REGION, BHAGALPUR 4. THE TRESURY OFFICER, BHAGALPUR 5. THE TREASURY OFFICER, RANCHI, JHARKHAND 6. THE ACCOUNTANT GENERAL (A&E), BIHAR, PATNA 5 19.04.2010 Separate counter affidavits have been filed on behalf of the respondent nos. 2, 3, 4 & 5, copies of the same have been served on the counsel for the petitioner. Heard learned counsels for the petitioner, the State of Bihar and the State of Jharkhand. No one appears for the respondent-Accountant General. The grievance of the petitioner is that the payment of arrears of salary to the tune of Rs. 99,966/- and Rs. 20,434/- were sanctioned in favour of the father of the petitioner who had retired as a Block Development Officer, Katoria, District- Banka by the Accountant General, Bihar, Patna as per the memo nos. 336 and 338 both dated 31st October, 2007 as contained in Annexure- 3(series), however before the issuance of the aforesaid two authorization the father of the petitioner died on 03.08.2007, and as such, a revised authorization was required to be issued. It is submitted on behalf of the petitioner that as per the letter contained in memo no. 5674 dated 1st of - 2 - August, 2009 (Annexure-5) issued by the Director, Agriculture, Bihar, Patna in favour of the Accountant General, Bihar, Patna requesting to issue the necessary authorization for such payment followed by another letter written by the Treasury Officer, Bhagalpur to the same effect vide memo no. 179 dated 12.02.2009 as contained in Annexure-7, however till date no authorization for the aforesaid payment has been issued by the Accountant General with the result the petitioner is not receiving the aforesaid amount. As regards the difference of arrears of pension the learned counsel appearing for the respondent no.5 submits that the same has been sanctioned as per the memo no. 159 dated 25th February, 2009 as contained in Annexure-A and the aforesaid order was communicated to the State Bank of India, Namkom Branch, Ranchi vide memo no. 431 dated 5th March, 2010. Learned counsel submits that a copy of the said memo shall be forwarded to the petitioner within a period of three weeks from today to enable the petitioner to receive the payment as per the aforesaid order. Learned counsel for the petitioner submits that with respect to the payment of the arrears of salary in the light of Annexure-3 (series) read with the letter contained in memo no. 5674 dated 1st August, 2008 petitioner - 3 - proposes to represent the matter before the respondent no.6. In this view of the matter, in case such representation stating details of the unpaid claims is filed by the petitioner along with the copy of the relevant documents, if any, in support of the claim along with the certified copy of the present order, the respondent no.6 shall consider the claim of the petitioner for payment of arrears of salary in accordance with law expeditiously preferably within a period of two months on receipt of such representation so that the fresh authorization for payment of arrears of salary, if any, could be issued in favour of the petitioner within the aforesaid period. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)