IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14576 of 2005 SAKIL AHAMAD Versus THE STATE OF BIHAR & ORS ----------- 4 13.05.2010 Heard Mr. Amish Chandra Sinha, learned counsel for the petitioner and Mr. Nikesh Kumar, learned counsel representing the Zila Parishad, Bhojpur and its functionaries i.e. respondent Nos. 2 and 3. The petitioner had superannuated from the post of Peon from Zila Parishad, Bhojpur at Ara with effect from 31.10.2005. The writ petition was filed for payment of the post retiral dues found admissible to the petitioner relatable to gratuity, provident fund and leave encashment. A counter affidavit was filed on behalf of the Zila Parishad and in which it was stated that the entire dues found admissible to the petitioner, was paid to him. The gratuity amount of Rs. 23,760/- was paid to him vide cheque dated 15.4.2006, the provident fund amount of Rs. 48,901/- was paid vide cheque dated 15.4.2006 and the leave encashment amount of Rs. 40,800 was also paid to him vide cheque dated 15.4.2006. Thus to that extent the Zila 2 Parishad had made the payments of the post retiral dues found admissible to the petitioner. The reasons for non payment of salary for the period April 2000 to October, 2005 has been set out at paragraph 6 of the counter affidavit and attributed to financial crisis. Learned counsel for the petitioner, however, admits to payment of salary for the period August 2002 up to January 2003. Thus a part payment of salary has also been made during the pendency of the proceedings. A further development that took place has been brought on record by way of I.A. No. 458 of 2008. It is contended that under a judgment and order passed by this Court in C.W.J.C.No. 8583 of 2005 (Bihar Rajya Zila Parishad Karamchari Mahasangh and anr.) dated 15.9.2006, the retirement age of the employees of the Zila Parishad was held to be 60 years and according to the judicial pronouncement the petitioner would have retired on 31.10.2007. The respondents Zila Parishad following the judgment of this Court which has been placed on record of the proceedings vide Annexure-6 to the interlocutory application, accepted the 3 joining of the petitioner with effect from 13.10.2006 communicated vide memo No. 72 dated 14.10.2006(Annexure-8) and where after, the petitioner has continued to serve the Zila Parishad in the capacity of Peon until his retirement on completion of age of 60 years on 31.10.2007. In the changed present situation, the petitioner becomes entitled to the salary for the period April 2000 to July 2002,February 2003 to October 2005 and again from 13.10.2006 to 31.10.2007. In addition to the aforesaid entitlement the retirement dues paid to the petitioner would also have to be recalculated on the basis of the salary drawn by him on the date of his actual retirement on 31.10.2007 and the differential amount be paid to him. Having regard to the circumstances that admittedly the Zila Parishad has paid the retiral benefits which was found admissible to the petitioner on the basis of the retirement age of 58 years, I am of the opinion that the writ petition can be disposed of with the directions to the respondent Nos. 2 and 3 to consider the aforesaid pending grievance of the 4 petitioner for payment of the salary for the period April 2000 to July 2002, February 2003 to October 2005 and from 13.10.2006 to 31.10.2007 together with the recalculation of his benefits and the payment of the differential amount arising as a consequence thereof on the basis of the last salary drawn on the date of retirement on 31.10.2007 and if the aforesaid amounts have not yet been paid to the petitioner, the same may be made available within a period of six months from the date of receipt/production of a copy of this order together with admissible interest thereon, if not in one lump-sum amount then in three equal monthly installments. The writ petition is disposed of. Bibhash ( Jyoti Saran, J.)