IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2819 of 2005 KAILASH SINGH Versus THE STATE OF BIHAR & ORS ----------- 07/ 08.03.2010 Mr. Devendra Prasad Singh, learned counsel for the petitioner and Mr. Raghavendra Kumar Singh, learned assisting counsel to G.A. 5 for the State are present. This Court in its order dated 25.2.2010 had taken note of the pending grievance of the petitioner relating to the difference of salary for the period 1.1.1971 to 31.3.1973 together with admissible interest and the amount of dearness allowance for the period 1.4.1974 to 31.5.1976. In so far as the payment of the differential amount of salary is concerned, the parties are in agreement that the grievance stands redressed upon payment of Rs. 28,475/- to the petitioner which is inclusive of the interest. In so far as the second grievance relating to the dearness allowance for the period 1.4.1974 to 31.5.1976 is concerned, a counter affidavit has been filed today by the District Superintendent of Education, Nalanda enclosing a photo copy of draft of Rs. 876/- said to be the amount towards the dues of the petitioner relating to dearness allowance for the period 1.4.1974 to 31.5.1976 together with admissible interest thereon. A calculation 2 chart has also been provided at Annexure-A to the counter affidavit contained in Memo No. 1109 dated 26.02.2010 of the District Superintendent of Education, Nalanda. Mr. Devendra Prasad Singh, learned counsel for the petitioner on instruction, even while accepting the demand draft no. 486758 dated 3.3.2010 drawn on State Bank of India, submits that the said amount is not a proper calculation of the entitlement of the petitioner in relation to the dearness allowance in question and that the petitioner is entitled to some further amount. Having regard to the circumstances that the amounts as found admissible by the respondents have since been paid to the petitioner, no useful purpose would be served in keeping the writ petition pending and the same is disposed of with a liberty to the petitioner to raise his grievance in relation to the quantum of payment of the dearness allowance for the period 1.4.1974 to 31.5.1976 together with calculative details and supportive documents before the respondent no. 3, the District Superintendent of Education, Nalanda and who shall consider and dispose of the same in accordance with law within a period of three months from the date of receipt of a copy of this order. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)