IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8136 of 2008 SAKET BIHARI SHARMA, son of late Kesho Singh, resident of village Bhelwa, P.O. and P.S. – Nasua, District – Nawada, retired Assistant Teacher, Nehru Smarak High School, Narpur Pakaria, P S – Hasua, District – Nawada. Versus 1. THE STATE OF BIHAR through Secretary, Human Resources Development Department, Patna. 2. The Director, Secondary Education, Vikas Bhawan, Patna. 3. The District Education Officer, Nawada. 4. The Treasury Officer, Nawada. 5. The Head Master, Nehru Smarak High School, Narpur Pakaria, P S – Hasua, District – Nawada. ----------- For the petitioner: Mr. Banke Behari Singh. For the State respondent: Mr. A. Shakoor, AC to SC 15. ------ 02. 25.03.2009 After hearing learned counsel for the petitioner and learned counsel for the State the writ application is disposed of with a direction upon respondent No.3, District Education Officer, Nawada to verify from the service record of the petitioner the assertions made in the writ application, based on annexure-6, that he had 256 days earned leave which had accrued in his favour whereas payments have been made under the said head for lesser period of leave encashment and according to the petitioner he has not been paid for 83 days of unutilized leave. No counter affidavit has been filed on behalf of the respondents but this is a matter which needs to be verified from the service record of the petitioner by keeping in mind the statement and evidence contained in annexure-6. If on verification the statement made by the petitioner is found to be correct with regard to 256 days of earned leave, then the District Education Officer , Nawada will sanction the balance amount but if the records certify that payment - 2 - made to the petitioner is correct then matter will be allowed to rest. The Court is not inclined to pass any order for payment of interest on the delayed payment of gratuity and pension. The Court expects that respondent no.3 will do the needful within a period of three months from the date of communication / production of a copy of this order. The writ application stands disposed of. rkp (Ajay Kumar Tripathi, J)