IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12951 of 2004 RAJ KUMAR Versus PATNA MUNICIPAL CORPN.& ORS ----------- 12 15.07.2008 Heard learned counsel for the petitioner, learned counsel for the Patna Municipal Corporation and learned counsel for the Life Insurance Corporation ( hereinafter referred to as `the Corporation’ for the sake of brevity). Learned counsel for the Corporation produces a cheque dated 10.07.2008 of Bank of India, Birchand Patel Branch, Patna, signed by the Executive Officer, Patna Water Board ( hereinafter referred to as `the Board’ for the sake of brevity ) with respect to Rs.1,05,000=00 payable to the petitioner. Learned counsel for the Corporation submits that the money was sent by the Corporation to the Board for payment of amount due Rs.50,000=00 along with Rs.55,000=00 as interest thereon for delayed payment on 21.05.2008 and now the said amount is being paid by the Board to the petitioner. This cheque has been handed over to learned counsel for the petitioner for giving it to his client, which has been accepted by him. Learned counsel for the Corporation submits that after said payment no amount remains due and even interest has been paid on all amounts. She further says that the claim of the petitioner with respect to D.A. on gratuity cannot be allowed as it is not payable. Learned counsel for the petitioner submits that he is not satisfied with the interest paid to him and the statement of learned counsel for the Corporation that the D.A. is not payable. - 2 - In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to file an application before the Chief Executive Officer of the Board within four weeks from today along with a copy of this order and relevant documents if he is aggrieved by the payments he has received from the respondents. If such an application is filed within the aforesaid time, the Chief Executive Officer of the Board shall dispose it off by a reasoned order in accordance with law within eight weeks thereafter and if any amount is found payable, it should be paid to the petitioner immediately thereafter. MPS/ ( S. N. Hussain, J. )