IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6281 of 2009 Sri Brentus Murmu, S/o Late Kistu Murmu, R/o Village-Ero, P.S. Kathikund, Dist. Dumka, Jharkhand. ------------ Petitioner Versus 1. The State of Bihar through Secretary, Water Resources Department, Sinchai Bhawan, Patna, Bihar. 2. The Deputy Development Commissioner, Godda, Jharkhand. 3. The Block Development Officer, Taljhari, District Sahebganj, Jharkhand. 4. Executive Engineer, Irrigation Division No.2, Jhajha, Jamui. 5. Executive Engineer, Ganga Pump Canal Division-2, Bateshwarsthan, Camp-Shivnarayanpur. ------- Respondents ----------- 2 19.5.2009 Heard counsel for the petitioner and counsel for the State. The grievance of the petitioner in this writ application is only confined to issuance of a corrected Last Pay Certificate as also to make payment on the basis of such corrected Last Pay Certificate for the period 1.1.1996 to 1.11.2002 for which period the petitioner was admittedly posted in certain areas which is now under the territorial jurisdiction of the Government of Bihar. Such details of the place of posting of the petitioner can be found in paragraph nos. 5 to 8 of this writ application. The difficulty of the petitioner, however, seems that after 4.7.1997 and till 12.9.2001, he is said to have remained waiting 2 for posting at Patna on account of which his salary was not paid. It appears that thereafter when the petitioner was posted in the office of the Chief Engineer, Bhagalpur, his payment of salary was started but then he could not get the full payment of salary in absence of the updated and corrected Last Pay Certificate. The issuance of a Last Pay Certificate is the responsibility of the concerned officer from whose control the person is transferred and gets eventually relieved for his joining at the new place of posting. In that view of the matter, if the grievance of the petitioner is confined only to non-payment of salary on account of non- issuance of corrected Last Pay Certificate, that must be looked into. But, if in the garb of issuance of corrected Last Pay Certificate, the petitioner wants to get his period of absence condoned or regularized, that cannot be permitted. Accordingly, this Court, without expressing any opinion on the merits of the claim of the petitioner, would direct the 3 petitioner to file a representation to the Principal Secretary of Water Resources Department of the Government of Bihar who would look into the matter and pass necessary order both with regard to the issuance of a corrected Last Pay Certificate as also payment of arrear, if admissible and payable to the petitioner. Such a decision must be taken within a period of four months from the date of filing of such representation by the petitioner enclosing all the documents in support of his claim along with a copy of the order. With the aforementioned observations/ direction, this application is finally disposed of. Rsh (Mihir Kumar Jha, J.)