IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12377 of 2010 1. Raj Kumar Mishra S/O Dev Narayan Mishra R/O Vill Ghaus, P.S.& Distt-Madhubani Versus 1. The State Of Bihar Through Secretary,Minor Irrigation Department Govt. Of Bihar, Patna 2. Under Secretary, Minor Irrigation Department Government Of Bihar, Patna 3. The Engineer In Chief Minor Irrigation Govt. Of Bihar, Patna 4. The Superintending Engineer Tube Well Circle Darbhanga 5. Executive Engineer, Tube Well Division Darbhanga ---------------------------------- 2. 02.12.2011 Heard learned counsel for the petitioner and the State. The petitioner is stated to have superannuated on 31.12.2004. He seeks the benefit of A.C.P. Learned counsel for the petitioner fairly acknowledges from the counter affidavit that the second A.C.P. has been allowed with effect from 9.8.1999 by an order dated 10.2.2011 only after filing of the writ application. He however submits that the actual monetary benefits by revision of salary and consequent revision of pension along with arrears still remain illusive. Counsel for the State submits that the order itself states that the difference of the monetary benefits shall be paid after receipt of the allotment. 2 Allotment of funds is not the concern of the petitioner. The A.C.P. granted to the petitioner is a statutory right. The consequent revision of his pension is not a bounty but again his right. They can be denied to him only for reasons permissible in law. Awaiting receipt of funds is no justification in the law. Leave encashment is acknowledged to have been paid. The respondents are now obliged by the direction of the Court to ensure that the petitioner not only receives the actual monetary benefits of the difference of salary consequent to the grant of A.C.P. but also that his pension payment order is also revised and all arrears of pension also paid to him. The obligation is to be discharged by the respondents and not by the petitioner. Let the respondents comply the order in its entirety by actual physical payment of the arrears of salary, issuance of the revised pension payment order and arrears of pension all within a maximum period of four months from the date of receipt/production of a copy of this order failing which the petitioner shall be at liberty to raise claims for interest, when the State as distinct from its 3 functionaries, may not be liable for payment of the interest. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)