WP(C) 5802/2006 BEFORE HON’BLE MR JUSTICE P.K. MUSAHARY Heard Mr. J.I. Barbhuiyan, learned counsel for the petitioner. Also heard Ms. B. Das, learned Government Advocate, appearing for respondent No.1. None appeared for respondent Nos. 2, 3 and 4. The petitioner’s case is that, he was serving as Project Engineer in the respond ent No.3 Corporation. The said Corporation was under financial constraint and th erefore a general notice was issued vide letter No.ACCC/GG/8/83/Pt-1/214 dated 1 0/6/2004 (Annexure 2 of the writ petition) announcing its decision for V.R.Schem e for its employees and offering benefit to its staff as follows:- 1. Ex-gratia benefit equvalent to 30 days pay per completed year of servi ce. 2. Gratuity as per Gratuity rule 3. 50% of total leave encashment benefit The petitioner offered to accept the benefits under the said scheme. He was gran ted V.R.S and he was allowed to go on retirement. He was accordingly released w. e.f 31/1/2006 (Annexure 4 of the writ petition). At the time of his release, he was paid an amount of Rs.5,67,056/- by cheque dated 28/7/2006. The aforesaid amo unt of Rs.5,67,056/- is a part of the total dues of Rs.9,53,581/- as calculated by the respondent Corporation (Annexure 6 of the writ petition). Against this ca lculation made by the respondent Corporation, the petitioner claims that he is e ntitled to more amounts as per the V.R.Scheme announced by the Corporation. Mr. J.I. Barbhuiyan, learned counsel for the petitioner has drawn the attention of this Court to the averments made in para 13 of the affidavit-in-opposition fi led by the respondent Corporation on 2/4/2007, wherein it is stated that the Cor poration has disbursed the amount which was sanctioned by the Government towards the release of first instalment of the petitioner’s admissible dues and the bal ance amount of the dues shall be released in due course on receipt of fund from the Government. In another affidavit filed by the respondent Corporation on 20/8 /2007, it has been reiterated that the entire arrear salary has been considered to be paid to the petitioner and out of total admissible arrear salary, the peti tioner was allowed to draw 50% of the same in the month of July,2006 and the bal ance 50% on receipt of fund from Government of Assam. According to Mr. J.I. Barbhuiyan, learned counsel for the petitioner, the respon dent authority has admitted that the petitioner is entitled to get the balance a mount, which is yet to be paid to him. At this stage, he submits that a directio n may be issued to the respondent authorities to settle the balance due allowing the petitioner to participate in the process of settlement. Considering the afo resaid submission made by the learned counsel for the petitioner, it is directed that respondent Nos. 1,3 and 4 shall settle the claim of the petitioner by allo wing him to participate in the proceeding provided, the required fund is made av ailable by the Government to the respondent Corporation. If the fund is provided already, the respondent authority shall complete the entire process of settleme nt and payment of dues to the petitioner within a period of 4(four) months from the date of furnishing a certified copy of this order. Petition stands disposed of.