IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.130 of 2008 DHANUSH DHARI PANDEY . Versus THE STATE OF BIHAR & ORS . ----------- For the Petitioner:- Mr. Krishna Murari, Adv. Mr. Harish Kumar, Adv. For the State:- Mr. G.P.2. -------------- 2. 12.11.2009 Learned counsel prays for and is permitted to implead the Accountant General as party respondent no. 6. There is no need to issue fresh notice at this stage to newly added respondent since it is the order of the State Government which is under challenge and the Accountant General is acting consequently. Learned counsel for the State from the pleadings in the counter affidavit acknowledges that the reliefs claimed for in Sub- Paragraph (roman) I to IV of Paragraph 1 of the writ petition have been conceded by the State. Learned counsel for the petitioner submits that despite the same actual monetary benefit has not been paid and the wrong deduction made from his leave encashment account has not been refunded. He prays for grant of interest on the deduction made. The counter affidavit expressly acknowledges that the petitioner was not required to pass the departmental examination as he was made an Accounts Clerk on 22.5.1981 much prior to the date i.e., 29.3.1982. If that be the correct position in law, this Court fails 2 to understand how the petitioner can be required to pass the departmental examination for grant of ACP benefits. The objection of the respondents appears to be completely devoid of logic and reason burdening this Court by litigation generated by non-application of mind. This writ application is disposed with direction to the respondents to make available the full monetary benefits to the petitioner inclusive of any deduction illegally made along with interest at the rate of 5% within a maximum period of two months from the date of receipt/production of a copy of this order. The time period as fixed above shall also be applicable for grant of actual monetary benefits of ACP to the petitioner. The writ application stands disposed. P. Kumar (Navin Sinha, J.)