IN THE HIGH COURT OF JUDICATURE AT PATNA M. J. C. No.1196 of 2011 Satya Narain Choudhary Versus The State of Bihar & Ors. ---------------------------------- 03. 03.08.2011 Heard Mr. Rajan Ghoshrave, learned counsel appearing on behalf of the petitioner, Mr. Rajesh Kumar, G.P. 8 for the State and Mr. Arun Kumar Arun, learned Central Government counsel appearing for the Accountant General. The writ petition was filed seeking direction to the respondents for making payment of pension, gratuity on revised pay scale together with admissible increments, amount of leave encashment, group insurance, interest on G.P.F. etc. During the pendency of the writ proceedings some of the retiral benefits was paid to the petitioner except 10 per cent pension, gratuity and the unutilized leave amount. This Court taking into consideration the rival contentions of the parties allowed the writ petition with a direction to the respondents to release the balance 10 per cent of the pension and gratuity of the petitioner and a further direction was issued to the authorities of the State Government to take a final decision on the prayer made by the petitioner for grant of increment with effect from 1.1.2000 and the benefits flowing therefrom. The non-compliance of the directions passed in the writ petition led to the filing of the present contempt application. It is admitted by the parties that during the 2 pendency of the present proceeding the balance 10 per cent of pension and gratuity has since been released and has also been received by the petitioner. However, the claim towards increment has been rejected under an order dated 10.8.2010 passed by the Joint Secretary, Government of Bihar in its Department of General Administration and placed at Annexure-B to the show cause. The reasons assigned for rejection of the claim of increments is too innocuous to be understood. The Joint Secretary while rejecting the claim for increment of the petitioner with effect from 1.1.2000 has also not taken up any step for payment of the unutilized leave salary amount admissible to the petitioner, inter alia, on grounds that no such direction was issued by the Court while allowing the writ petition. Insofar rejection of the claim of increments is concerned, the petitioner, if so advised, may challenge the order of rejection of increment by filing an appropriate application before appropriate forum. That brings this Court to the other aspect of the matter regarding non payment of the unutilized leave salary amount admissible to the petitioner. A prayer was made in the writ petition seeking a direction for payment of the same and although no positive direction was issued by this Court while allowing the writ petition but then there is no apparent reason why the respondents have withheld the said amount 3 specially in circumstances that the unutilized leave salary is a salary earned by the concerned employee for the period in service and cannot be either withheld or attached. However, since the said claim is not being considered by the respondents on grounds that no positive direction was issued in this regard by this Court while allowing the writ petition, the present contempt proceeding is disposed of with a liberty to the petitioner to prefer an appropriate application before the concerned authority of the State Government for consideration of his prayer regarding payment of unutilized leave salary and which shall be considered and disposed of by the said authority expeditiously and preferably within a period of three months of the date of such representation. With the aforesaid observations and directions the present application stands disposed of. S.Sb/- (Jyoti Saran, J.)