IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19848 of 2011 Dr. Surendra Prasad, Son of Late Sita Ram Sah, Resident of Gaighat (Main Road) P.S. – Alam Ganj, P.O. – Gulzarbagh, District – Patna. ……. Petitioner Versus 1. The State Of Bihar through the Principal Secretary, H.R.D., Department, Govt. of Bihar, Vikas Bhawan, Patna. 2. The Secretary, Secondary Education, H.R.D. Department, Govt. of Bihar, Vikas Bhawan, Patna. 3. The Director, Secondary Education, H.R.D. Department, Govt. of Bihar, Vikas Bhawan, Patna. 4. The Regional Deputy Director of Education, Patna Division, Patna. 5. The District Education Officer, Patna. 6. The Head Master, D.B.R.K., Jalan Senior Secondary School, Patna City, Patna-9. 7. The District Provident Fund Officer, Patna. 8. The Accountant General, Bihar, Patna. …………… Respondents ---------------------------------- 2 16.11.2011 Heard Sri Bankey Bihari Singh, learned counsel for the petitioner and Sri Manoj Kumar Sinha, learned A.C. to Government Advocate No. 10, appearing on behalf of respondent no. 1 to 7 and Sri Rajnandan Prasad, learned counsel appearing on behalf of respondent no. 8 / Accountant General, Bihar, Patna. The petitioner, who retired on 31.08.2010 as In-charge Headmaster from Jalan High School, Patna City, has prayed for following reliefs: (i) For payment of G.P.F. amount deposited in account no. Pat Edn 6534. (ii) For payment of Leave Encashment for 300 days as sanctioned by D.E.O., Patna. (iii) For payment of arrear of salary arising out of New Pay scale w.e.f. 1/1/2006. (iv) To pay the pension and gratuity on revised pay 2 scale on the basis of revised pay scale sanction w.e.f. 1/1/2006, with other consequential benefits. Learned counsel for the petitioner submits that leave encashment amount for 300 days was already sanctioned vide Annexure -4 to the writ petition on 06.12.2010. However, neither sanctioned amount of leave encashment nor amount of G.P.F. has been paid till date. It was admitted by learned counsel for the petitioner that the petitioner after retirement is getting pension but in old scale. In view of the facts and circumstances, the court is of the opinion that the writ petition can be disposed of at this stage directing the respondent no. 5 /District Education Officer, Patna, to pay the sanctioned amount of leave encashment within a period of eight weeks from the date of receipt/production of a copy of this order. In respect of amount of G.P.F., respondent no. 5 & 7 i.e. District Education Officer, Patna & District Provident Fund Officer, Patna, respectively are required to take steps for payment of G.P.F. amount to the petitioner along with admissible statutory interest within a period of eight weeks from the date of receipt/production of a copy of this order. Regarding claim of revision of pension and arrear of salary as well as arrear of pension on revision is concerned, the petitioner is granted liberty to file a detailed representation before respondent no. 5/District Education Officer, Patna and respondent no. 8 / Accountant General, Bihar, Patna, within six weeks from today. If such representation is filed, respondent no. 5/District Education Officer, 3 Patna and respondent no. 8/Accountant General, Bihar, Patna are required to examine the same and pass appropriate order in accordance with law within a period of two months from the date of filing of such representation. The writ petition with above observation and direction stands disposed of. Praful ( Rakesh Kumar, J.)