IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9518 of 2009 ARUN KUMAR CHOUDHARY, S/O LATE MEDNI CHOUDHARY, R/O VILLAGE-RANNUCHAK-MAKANDPUR, P.S.-NATH NAGAR, DISTRICT-BHAGALPUR. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA-1. 2. THE DIRECTOR, SECONDARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA-1. 3. THE STATE OF JHARKHAND THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF JHARKHAND, PROJECT BUILDING, DHRUVA, RANCHI-4. 4. THE DIRECTOR, SECRETARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, DHRUVA, RANCHI-4. 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, SANTHAL PARGANA, DUMKA (JHARKHAND). 6. THE DISTRICT EDUCATION OFFICER, GODDA, P.S.-GODDA TOWN, DISTRICT-GODDA (JHARKHAND) 7. THE SUB-DIVISIONAL EDUCATION OFFICER, GODDA, P.S.-GODDA TOWN, DISTRICT-GODDA (JHARKHAND). 8. THE HEAD MASTER, HARWARA HIGH SCHOOL, P.S.-MAHAGAMA, DISTRICT-GODDA. 9. THE TREASURY OFFICER, GODDA, DISTRICT- GODDA (JHARKHAND). ………………RESPONDENTS. ----------- 3 01.09.2010 It is not disputed by any of the respondents that the amount of difference of salary, dearness allowance as well as amount of some retiral benefits calculated pursuant to 5th Pay Revision is due to the petitioner. In the counter affidavit of the State of Bihar, it has been accepted that since the petitioner has superannuated on 31.12.1998 i.e. much before bifurcation of the State 2 with effect from 15th November, 2000, the claim of arrears of the petitioner were sanctioned and requisite amount was allotted to the Headmaster of the school concerned in Godda who send an advice to the Treasury for release of the amount in favour of the petitioner. However, it is stated in the affidavit that the Treasury raised some objection due to which the amount could not be transferred in the account of petitioner and the school had to surrender the money to the State Government. From Annexure-3/3 with the writ application, which is a report of the In- charge Headmaster to the District Superintendent of Education, it appears that due to objection of the Treasury the amount was returned to the Government of Bihar. In this regard, learned counsel for the petitioner has referred to a judgment of this Court reported in 2006(1) PLJR 420 wherein it has been clearly held that, for payment of retiral and other dues of the Government servant having retired prior to bifurcation of State, the State of Bihar was liable, subject to any adjustment of accounts 3 between the States. The respondents have also not disputed this legal position. Therefore, this writ application is allowed. The State of Bihar is directed to transfer the admitted amount in favour of the Headmaster of the School in Godda who shall submit an advice to the Treasury for release of the amount in favour of the petitioner. The Treasury Officer, Godda is directed to credit the said amount as per the advice in the account of the petitioner forthwith. The State of Bihar shall transfer the requisite amount in favour of the Headmaster of the school within one month from the date of receipt/production of a copy of this order. Arvind/ ( J. N. Singh, J.)