IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4726 of 2005 KISHORI PRASANNA SINHA S/O LATE NAKHIDI SINGH RETIRED HEADMASTER HIGH SCHOOL AT +PS- GORAUL DISTT- VAISHALI--------------PETITIONER Versus 1. THE STATE OF BIHAR 2. DIRECTOR (SECOND EDUCATION), GOVT. OF BIHAR PATNA 3. THE DISTRICT EDUCATION OFFICER, VAISHALI AT HAJIPUR 4. THE DISTRICT PROVIDENT FUND OFFICER, VAISHALI 5. THE HEADMASTER, HIGH SCHOOL AT +POS. GORAUL DISTT- VAISHALI 6. THE A.G. BIHAR, PATNA------RESPONDENTS ----------- 5 5.2.2009 Heard learned counsel for the parties. A counter affidavit was filed earlier by respondent no.3 stating that the petitioner had been paid his salary for the period October to November, 1996. In the reply filed today he states that actually dues of salary was for the year 1993 and not 1996 which was wrongly typed in the main writ application. In this regard the Court can only observe that this dispute will have to be settled by the petitioner by establishing before the concerned authority about non-payment of salary for those three months. So far as the period of Dearness Allowance for July, 1993 is concerned, the petitioner will have to also approach the authority that the same was not paid to him or if the records are in any way reflecting this position then the respondent will consider payment of the same to him. Petitioner submits that he is entitled to 160 days of earned leave but he has been paid only for 146 days. Since the leave records are not before this Court, therefore the claim of the petitioner will have to be verified by the authority and for which - 2 - liberty is granted to the petitioner in this regard to approach the competent authority. Petitioner also submits that he has been granted provisional pension and 10% of the gratuity has been held back. The respondents in the counter affidavit have stated that since there is a criminal case pending therefore the final authorization has been made. The Court does not want to express any opinion whether lodging of that case will come in the way of the final authorization since the same has been lodged after his retirement. District Provident Fund Officer, Vaishali is hereby directed that he shall furnish the calculation chart with regard to payment of GPF of the petitioner which has not been handed over to him which is coming in the way of his verifying the calculation. The chart of the GPF will be furnished to the petitioner within a period of three months from the date of communication or production of a copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)