IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7723 of 2005 RAM TAWAKYA SHARMA Versus THE STATE OF BIHAR & ORS ----------- 08/ 23.04.2010 Mr. Nageshwar Prasad Sinha, learned counsel for the petitioner, Smt. Anita Sinha, learned G.P. 9 for the State and Mr. J.P. Karn for the Accountant General are present. Three grievance of the petitioner have remained pending regarding non-payment of insurance amount, the differential salary amount for the period 1.1.1971 to 31.3.1973 deposited in the G.P.F. account together with up to date statutory interest and some amount towards unutilized leave salary as according to the petitioner he is entitled to 230 days of unutilized leave salary but as per the respondents he was entitled to 211 days of unutilized leave salary and which has since been paid to him. A supplementary counter affidavit has been filed on behalf of respondent no. 4, the District Superintendent of Education and in so far as the group insurance amount is concerned, it is stated that the same was sanctioned vide Memo No. 630 dated 26.04.2005 for Rs., 79,229/- and a cheque to that effect was also prepared, copy whereof is placed at Annexure-B to the counter affidavit earlier filed by this respondent, bearing cheque no. 132812 dated 25.6.2005 in the name of Ram Tawakya Sharma i.e. the petitioner. He thus submits that it is the petitioner himself who did not choose to accept the cheque and that is why it has remained pending. - 2 - Having regard to the situation aforesaid, the respondents no. 4 and 6 are directed to ensure the payment of the group insurance amount aforesaid within four weeks from today. In so far as the differential salary amount is concerned, the District Superintendent of Education has prayed for some time for verification of records. Surprisingly, the District Superintendent of Education who is custodian of the records is requiring the petitioner to produce the document in support of the said claim. This is rather peculiar. The District Superintendent of Education, Aurangabad being the custodian of the records has to be aware of the said entitlement and he should make payment of the said amount to the petitioner within eight weeks from today together with up to date statutory interest as admissible on G.P.F. amount calculated until the date of payment. In so far as the unutilized leave salary is concerned, the District Superintendent of Education has enclosed a calculation chart demonstrating that the petitioner was only entitled to 211 days salary, thus no grievance subsists on that account. The writ petition is disposed of with the direction aforesaid. S.Sb/- (Jyoti Saran, J.)