IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15562 of 2005 RAMESHWAR PRASAD SINHA SOIN OF LATE SHIV NANDAN SINHA RESIDENT OF VILLAGE SONA GOPALPUR, P.S. GOURICHAK (OLD P.S. PHULWARISHARIF), DISTRICT PATNA. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, EDUCATION DEPARTMENT, BIHAR, PATNA. 3. THE DISTRICT DEVELOPMENT COMMISSIONER, BIHAR, PATNA. 4. THE DISTRICT EDUCATION OFFICER, NALANDA AT BIHARSHARIF. 5. THE DISTRICT EDUCATION OFFICER, MUNGER. 6. DIRECTOR MASS EDUCATION OFFICE, BIHAR, PATNA. 7. THE DISTRICT MASS EDUCATION OFFICER, NALANDA AT BIHARSHARIF. 8. THE DISTRICT MASS EDUCATION OFFICER, MUNGER. 9. THE NON-FORMAL EDUCATION PROJECT OFFICER, HILSA, NALANDA. 10. THE NON-FORMAL EDUCATION PROJECT OFFICER, MUNGER. ----------- 4 20/09/2010 One of the reasons why this Court does not want to pass any categorical order in favour of the petitioner for payment of certain claim made by the petitioner is that the petitioner retired from service way back in the year 1999 but approached this Court only in the year 2005 raising certain claim on the ground of non-payment for no apparent reason. Petitioner was supposed to be an employee of District Mass Education relating to Non- formal Education Project. - 2 - Some payment of salary etc. has now been made but the petitioner claims that Dearness Allowance and increment etc. has not been paid to him. Even increase in basic pay has not been allowed. Since counter affidavit has not been filed by the State in all these years, the Court cannot decide the issue raised herein. But if the petitioner now files a fresh application before respondent no. 7, the District Mass Education Officer, Nalanda at Biharsharif with his claim, the matter would be verified by him and the outcome will be known to the petitioner within a period of six months from the date of filing of such application by the petitioner with a copy of this order. If the petitioner is found entitled to those claim, he shall be authorized for such payment and if not, he shall be communicated the reason thereof. This writ application is disposed of with the above direction. AMIN/ (Ajay Kumar Tripathi, J.)