IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4768 of 2008 Nagendra Prasad, son of Late Surya Narayan Verma, resident of Plot No. F/45, PC Colony, Kankarbagh, Patna – Petitioner. Vs. 1) The State of Bihar, 2) The Secretary, Finance Department, Bihar, Patna. 3) The Dy. Secretary (Personal Claim Fixation Cell), Finance Department, Bihar, Patna. 4) The Secretary, water Resources Department, Bihar, Patna. 5) The Engineer-in-chief, Water Resources Department, Bihar, Patna. 6) The Under Secretary, Water Resources Department, Bihar, Patna. 7) The Superintending Engineer (M), Irrigation Mechanical Circle, Mithapur, Patna – Respondents. 2 29.4.2011 The petitioner has come to this court for the 3rd time. In the first round when the petitioner approached this court for issuance of a mandamus to the respondents for grant of promotion with effect from 31.12.1991 which is the date on which persons junior to him were granted such promotion. After having been granted promotion, the petitioner had to come to this court by filing CWJC No. 11679/2002 (2005 PLJR 472) for revision of his pension on the post of Assistant Engineer (Mechanical) with effect from 1.5.1997 and also for payment of gratuity, leave encashment etc. The writ petition was allowed and the respondents were directed to grant the petitioner pension for the post of Assistant Engineer (Mechanical) with effect from 1.5.1997 and to pay arrears of difference of pension, gratuity, leave encashment in the revised scale according to the report of the Pay Commission. The 3rd writ petition has been filed by the petitioner claiming that he is entitled to house rent and estimation allowance. It is admitted that the petitioner has been paid the estimation allowance @ Rs.200/- whereas the claim of the petitioner is that he is entitled to payment of that allowance @ Rs.400/-. The petitioner also seeks a 2 direction from this court to issue a writ of mandamus commanding the respondents to pay the house rent of Rs.800/- between the period 13.12.1991 to August 1996. A counter affidavit has been filed in which it has been stated that the arrears of Rs. 11,227/- for the period 13.12.1991 to 30.4.1997 was already paid to the petitioner. Counsel for the petitioner contends that this payment is of the arrears and does not relate to payment of the house rent and estimation cost. The petitioner has been paid estimation cost @ Rs.200/- whereas according to the petitioner the entitlement is @ Rs.400/-. The counter affidavit also relies on Annexure ‘E’ which is the extract of House Rent Allowance Rules. They rely on sub-rule © whereas the petitioner relies on rule 4(1) (Kha) of the rules to say that he would be entitled to house rent. The authority concerned, namely, the Superintending Engineer (Mechanical), Irrigation Mechanical Circle, Mithapur, Patna, respondent no.7 is directed to consider the petitioner’s case and make payment according to the rules within a period of three months on receipt / production of a copy of this order. The petitioner is directed to bring the order of this court to the notice of respondent no. 7 along with a representation which should include the rules where required. This writ petition stands disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J.)