IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20406 of 2011 Nagendra Prasad Ojha, son of Late Ram Deo Ojha, Resident of near Parbati Bhawan, Near Ajay Gas Agency, Naya Tola, P.S. Kazi Mohammadpur, District Muzaffarpur. ... ... Petitioner. Versus 1. The State Of Bihar 2. The Principal Secretary, Road Construction Department, Government of Bihar, Patna. 3. The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Road Construction Department, Government of Bihar, Patna. 4. The Finance Commissioner, Government of Bihar, Patna. 5. The Additional Secretary (Personal and Claim Cell), Finance Department, Government of Bihar, Patna. 6. The State of Jharkhand. 7. The Principal Secretary, Road Construction Department, Government of Jharkhand at Ranchi. 8. The Executive Engineer, Building Division, Deoghar (Jharkhand). 9. The Accountant General, Bihar, Patna. ... ... Respondents. ---------------------------------- 2. 23.11.2011. Heard Shri Vijay Kumar Singh, learned counsel for the petitioner, Shri Sanjay Kumar Singh, learned A.C. to G.P.22 appearing on behalf of respondent nos.1 to 5/State of Bihar, Smt. Manjari Nath, learned counsel for respondent nos.6, 7 and 8/State of Jharkhand and Shri Kumar Priya Ranjan, learned counsel appearing on behalf of respondent no.9/Accountant General. In the writ petition, the petitioner has made a limited prayer for directing the respondents to revise/re-fix his pension, gratuity and earned leave in the pay scale of Rs.10,000-15,200/- on the basis of 2 A.C.P., which was granted with effect from 9.8.1999 vide order dated 15.1.2009. The petitioner had retired on 30.11.1999 as Assistant Engineer, Building Division, Deogahr prior to bifurcation of State of Jharkhand from the State of Bihar. It has been stated that Building Division, Deoghar before bifurcation had come under the Road Construction Department of erstwhile State of Bihar. After retirement, the petitioner has been paid all his retiral dues by the State of Bihar and authorization in respect of retiral dues were made by the Accountant General, Bihar, Patna. It was submitted by learned counsel for the petitioner that despite the fact that A.C.P. was granted to the petitioner by order dated 15.1.2009 (Annexure-2 to the writ petition), till date, on the basis of said A.C.P., no benefit has been granted to the petitioner. After failing to get any response, the petitioner filed representation before the authority concerned. Learned counsel for the petitioner has drawn my attention to Annexure-3 to the 3 writ petition i.e. a copy of representation filed before the Deputy Secretary, Road Construction Department. It was further submitted that the State authority is now delaying the matter on the plea as to from where the benefit can be granted to the petitioner in view of A.C.P. The court is of the opinion that since the petitioner retired from Deoghar prior to bifurcation and thereafter, he had received all the retiral dues from the State of Bihar, the Government of Bihar is required to make payment pursuant to Annexure-2 to the writ petition. In view of the facts and circumstances, the writ petition is being disposed of granting liberty to the petitioner to file a fresh representation before respondent no.5/Additional Secretary (Personal and Claim Cell), Finance Department, Government of Bihar within a period of six weeks from today. If such representation is filed, respondent no.5 is required to examine the same and pass appropriate order within a period of two months from the date of filing of such 4 representation. If respondent no.5 considers the claim of the petitioner as genuine, he is required to pass order for clearing the dues within aforesaid time. Even in case of refusal, respondent no.5 is required to pass a speaking order and communicate the same to the petitioner within two months from the date of filing of such representation. With above observation and direction, the writ petition stands disposed of. N.H./ ( Rakesh Kumar,J.)