IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2454 of 2006 VISHWA MOHAN KUMAR Versus THE STATE OF BIHAR & ORS ----------- 05/ 21.04.2010 Mr. Raj Shekhar for the petitioner, Mr. Deepak Kumar, learned assisting counsel to G.P. 16 for the State and Mr. Raj Nandan Prasad, learned counsel for the Accountant General are present. The petitioner superannuated from the post of Shrestha Kshetriya Karyakarta with effect from 31.12.2002 and came before this Court for fixation of his final pension, gratuity and dearness allowance after according him the A.C.P. benefits. A counter affidavit has been filed on behalf of the State and its authorities today and in which it has been stated that the A.C.P. has since been paid to the petitioner vide letter no. 55 dated 22.01.2007 (Annexure-A) followed by final fixation of pension contained in Memo No. 762 dated 24.9.2007 (Annexure-B). It is next stated that the Accountant General, Bihar, Patna has issued an authority slip for payment of final pension and gratuity. To that extent the grievance of the petitioner in relation to grant of A.C.P., fixation of pension and gratuity and payment thereof is concerned, has been redressed. In so far as the differential amount of salary by way of A.C.P. is concerned, it is stated that an amount of Rs. 5,199/- has been calculated and granted to the petitioner on 27.03.2009 and to 2 that effect a bill has been forwarded but the same is pending for payment in absence of allotment. It is also contended that the differential earned leave amount and the dues towards D.A. has also been calculated and has been granted to the petitioner but the same is awaiting payment and which would be paid to the petitioner subject to the allotment by the Health Department as demanded by the Filaria Officer. Learned counsel for the State with reference to a letter dated 9.4.2010 placed at Annexure-G of the counter affidavit submits that a letter has been written to the petitioner to receive the amount in question and submit an affidavit in relation to the dearness allowance for the period 1.7.2002 to 31.12.2002 as also to give information regarding any other pending dues. He thus submits that no sooner the petitioner would be submitting the affidavit the payments would be made. Having regard to the aforesaid circumstances, the writ petition is disposed of in the light of the statement made in Annexure-G to the counter affidavit. S.Sb/- (Jyoti Saran, J.)