IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3342 of 2005 RAM CHARITRA PRASAD S/O LATE DHURI PRASAD, R/O- VILLAGE-AMNAR MAJHAR, PS- BETTIAH MUFFASIL,DISTT- WEST CHAMPARAN-BETTIAH----------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRERARY, PRIMARY,SECONDARY & ADULT Education, Vikash Nhawan, Patna 3. THE DIRECTOR,PRIMARY EDUCATION, VIKAS BHAWAN,PATNA 4. THE DISTRICT SUPERINTENDENT EDUCATION, WEST CHAMPARAN,BETTIAH 5. THE DISTRICT PROVIDENT FUND OFFICER, WEST CHAMPARAN, BETTIAH 6. THE TR5EASURY OFFICER, WEST CHAMPARAN AT BETTIAH------ -------------------RESPONDENTS ----------- 3 2.2.2009 Heard learned counsel for the parties. The Court is constrained to record that despite the writ application having been filed in March, 2005 and the time having been granted even in 2007 no counter affidavit has been filed on behalf of the respondents. Petitioner is a retired teacher who superannuated on 31.1.2000 from the Middle School Sirisia, Anchal Sikta District- West Champaran. He has to move the High Court because the respondent authority had not yet paid the difference of pay scale for the period from 1.1.1971 to 31.3.1973 which was deposited in the provident fund account in terms of the government resolution at the relevant time. Similar is the position with regard to the amount under the head what is known as suspense account. Petitioner also makes a grievance with regard to non-payment of G.P.F. amount prior to 1976 and deduction of Rs. 8, 107/- from the G.P.F. account for the years 1993-94 and 1994- 95. The entitlement of such claim is not in dispute but - 2 - the question is of verification or actual payment. Since the respondents have failed to file counter affidavit despite many years having been passed, the Court is constrained to fix the responsibility upon the District Superintendent of Education, West Champaran that he has to verify the claim of the petitioner mentioned above and take steps for payment, if it has not been already paid in favour of petitioner, within a period of three months from the date of communication or production of a copy of this order. This writ application is disposed of with direction to the respondent no.4, the District Superintendent of Education, West Champaran for redressal of the grievance of the petitioner within the time frame mentioned above. RPS (Ajay Kumar Tripathi, J.)