IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1776 of 2006 RAMESH PRASAD SAH Versus THE STATE OF BIHAR & ORS ----------- 06/ 12.04.2010 Mr. Subhash Prasad Singh for the petitioner and Mr. Uma Kant Singh for the Khadi Board for the State are present. The writ petition was filed for payment of post retiral and other dues of the petitioner who superannuated from the services of the Khadi Board with effect from 31.1.1996 while holding the post of Inspector, Village Oil Industries at Supaul. Learned counsel for the petitioner submits that not only the petitioner is entitled to the post retiral benefits as admissible in the Khadi Board to its employees viz. C.P.F., gratuity, leave encashment and group insurance but the petitioner is also entitled to his salary for the period 1.5.1990 to 31.1.1996 being the date of his retirement. He submits that the respondent Board facing financial crisis at the relevant time was not in a position to pay salary for the period aforesaid and which has remained pending all this while. A counter affidavit and a supplementary counter affidavit have been filed on behalf of the Khadi Board and in which the payments in relation to gratuity, leave encashment, group insurance and contributory provident fund have been 2 explained. Learned counsel for the petitioner while agreeing to the said position, however, submits that there is no details as regarding the contributory provident fund deductions and the interest thereon as also there is no statement as regarding the claim of the petitioner for arrears of salary for the period 1.5.1990 to 31.1.1996. Having regard to the circumstances aforesaid, the writ petition is disposed of with a direction to the respondent no. 4, the Chief Executive Officer of the Khadi Board to consider the claim of the petitioner as regarding the arrears of salary for the period 1.5.1990 to 31.1.1996 and pay the same, if found admissible and not yet paid, within a period of three months from the date of receipt/production of a copy of this order. However, in case the said salary is found not admissible to the petitioner, the same may be disposed of by a reasoned order. The respondent no. 4 shall also provide a calculation chart in relation to contributory provident fund of the petitioner containing the details of deductions of principal amount together with details of interests and provide the same to the petitioner within the said period. The petitioner would be at liberty to question the adjustment of Rs. 1,11,123/- made from his gratuity and unutilized leave amount on pretext of certain miscellaneous advances, by enclosing relevant documents explaining the 3 advance set out in the order bearing memo no. 698 dated 13.11.2007. Needless to add that if the petitioner has been able to explain the outstanding of Rs. 1,11,123/- shown against him by support of documents and the amount is found admissible to the petitioner, the same may also be released in his favour within the period stipulated in this order. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)