IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9635 OF 2004 JAGDISH YADAV, SON OF LATE PHUCHO YADAV, RESIDENT OF VILLAGE AND POST OFFICE HARIPUR, POLICE STATION AND DISTRICT BANKA ……………………………………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, BANKA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION –CUM- SUB DIVISIONAL EDUCATION OFFICER, BANKA 4. THE TREASURY OFFICER, BANKA, DISTRICT BANKA 5. THE HEAD MASTER, MIDDLE SCHOOL, JAMDAHA, KATORIYA, DISTRICT BANKA ………………………………………………………………………….RESPONDENTS *********** 4 07/12/2010 The petitioner, who was appointed as a Teacher in the primary school, retired on 28.02.2002. The petitioner was posted at Middle School, Ashotha, Rajoun at Banka between the period 1997 to 1999. During the said period, the petitioner’s net pay amounting to Rs. 1,77,626/- was sent to the Treasury Office, Banka, but due to the mistake in the bank advise, the last digit ‘6’ (six) was left and only Rs. 17,762/- was sent in the bank advise and paid to the petitioner on 31.03.2001. The petitioner kept moving from pillar to post for his dues, however they were not paid and as such the petitioner has filed this writ application. At paragraph 6 of the counter affidavit, it is said that the Headmaster of the Middle School, Jamdaha, Katoria, district Banka (the school from where the petitioner was superannuated) has been requested to 2 send the details. However, it is obvious that both the schools would have to be involved. It is admitted that there was a mistake in the bank advise, as such I see no reason that the petitioner should not be paid his dues within a period of three months, if not already paid. The petitioner would be entitled for payment of Rs. 50,000/- as litigation cost, to be paid by the Education Department within the aforesaid period of three months as the petitioner had to move this Court and incur expense for being granted his rightful dues. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )