IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2245 of 2005 ***** 1. Lakshmi Kant Mandal 2. Baunu Mandal 3. Shankar Mandal All sons of Late Sri Krishna Mandal resident of village Kishanpur P.O. Fatahpur via Champa Nagar P.S. Nath Nagar, Dist-Bhagalpur. …. …. Petitioners Versus 1. The State of Bihar. 2. The District Superintendent of Education, Bhagalpur. 3. The District Provident Fund Officer, Bhagalpur. 4. The Treasury Officer, Bhagalpur. …. …. Respondents ----------- 4. 2.2.2009. Petitioner wants a direction upon the District Superintendent of Education, Bhagalpur or the District Provident Fund authorities of Bhagalpur that they be directed to pay the difference in salary deposited in the G.P.F. account for the period 1.1.1971 to 31.3.1973. Claim is also with regard to that the dearness allowance from 1.4.1974 to May, 1976. Though the writ application was filed way back in the year 2005 no counter affidavit has been filed on behalf of the respondents stating the reason why these payments have not been made. The entitlement of the petitioners to receive such amount is no longer an issue to be adjudicated upon as has been held in the case of Dr. Kashi Nath v. State of Bihar, way back in the year 2003. The writ application stands disposed of with a direction that the District Superintendent of Education, Bhagalpur shall take steps for payment of difference of salary from 1.1.1971 to 31.3.1973 preferably within a period of three months. So far as payments of the difference of dearness allowance is concerned the same will also be looked into as to - 2 - why it has not been paid. With regard to suspense amount for the period 1.4.1974 to May, 1976, since an enquiry had been ordered to be held in the matters of such payment, therefore, the district authorities were facing some difficulties in this area but as already directed in similarly situated cases, let exercise or the enquiry be completed within a period of nine months and thereafter even this amount shall be paid to the petitioners if the liability of the State still outstanding. The writ application is disposed of. Pawan/- (Ajay Kumar Tripathi, J.)