IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12836 of 2005 YOGENDRA PRASAD DAS, son of Late Panchu Das, resident of Village Maskand Bariyarpur, P.S. Nathnagar, District Bhagalpur. ---Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Minor Irrigation Department, Government of Bihar, New Secretariat, Patna. 2. Chief Engineer, Minor Irrigation Department, Government of Bihar, Bhagalpur Zone, Bhagalpur. 3. Superintending Engineer, Bhagalpur Circle, Minor Irrigation Department, Bhagalpur. 4. Executive Engineer, Minor Irrigation Division, Bhagalpur. ---Respondents ----------- 5. 19.7.2010 Heard learned counsel for the petitioner and Mr Deo Narain Yadav, learned Additional Advocate General no.6 appearing for the State. The petitioner is aggrieved by the order contained in Memo no.835 dated 13th of September, 2005 (Annexure 1), whereby and whereunder although payment of the leave encashment amount for a sum of Rs.80,360/- was sanctioned, but from the said amount, a sum of Rs.80,000/- was directed to be recovered and later recovered also, on account of the alleged excess payment made to him due to wrong fixation of his salary with effect from 1.1.1996. The grievance of the petitioner is that the aforesaid order, contained in Annexure 1, was issued without even affording him any opportunity to explain. Learned Additional Advocate General No.6 appearing for the State, on the other hand, submits that the time-bound promotion given to the petitioner was provisional one, which was later 2 not approved. Besides the above, it is submitted that the petitioner was required to pass the departmental examination, which he did not pass and, as such, the increment, which was allowed, was not admissible to him and, thus, the order contained in Annexure 1 is correct as the authority has passed the order (Annexure 1) after due consideration. However, the learned counsel for the petitioner submits that for redressal of his grievances as highlighted in this writ application, the petitioner proposes to file a representation before the Executive Engineer, Minor Irrigation Division, Bhagalpur (respondent no.4). In case such a representation is filed stating the details of his grievances as also enclosing the copy of the relevant documents, if any, in support of such claims along with the certified copy of the present order within a period of four weeks, the representation of the petitioner be considered and disposed of by a reasoned order in accordance with law expeditiously, preferably within a period of six months on receipt of such representation. Upon consideration if the representation of the petitioner is accepted, the admitted dues, if any, may also be paid expeditiously, preferably within a period of two months thereafter. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)