IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4887 of 2010 SHABIA KHATOON W/O LATE ALI AKHTAR, R/O NEW MILLAT COLONY, KHAGAUL ROAD, P.S.- FULWARI SHARIF, DISTT.- PATNA ---Petitioner Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, HIGHER EDUCATION, HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, HIGHER EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, LALIT NARAYAN MISHRA INSTITUTE OF ECONOMIC DEVELOPMENT OF SOCIAL CHANGE, BAILEY ROAD, PATNA-800 001. 4. THE REGISTRAR, LALIT NARAYAN MISHRA INSTITUTE OF ECONOMIC DEVELOPMENT OF SOCIAL CHANGE, BAILEY ROAD, PATNA-800 001. ---Respondents ----------- 2. 25.3.2010 Heard the learned counsel for the petitioner and the learned counsel for respondent no.4 as also the State. A counter affidavit has been filed on behalf of respondent no.4 in which it is stated that pursuant to the Government notification bearing Memo No.1736 dated 15.10.2007, as contained in Annexure A to the counter affidavit, though a Committee has been constituted for examining the validity of the appointment of the employees of the Institute, who were appointed prior to the taking over of the Institute by the State Government, but the process of screening with regard to the validity of the appointment is still under process. Learned counsel, however, is not in a position to refute that almost all the persons named in the letter dated 8.1.2005, as contained in Annexure 2, have been paid the admissible amount of leave encashment and the gratuity except the husband of the petitioner 2 Late Ali Akhtar, whose name finds place at serial no.7 of the said letter. It is submitted that the payments were made in the light of the order passed by this Court as per order dated 1.4.2005 passed in C.W.J.C. No.12068 of 2000, which was later affirmed by the appellate court in its order dated 19.10.2006 in L.P.A. No.1160 of 2005, as contained in Annexure 3 and 3/A respectively. Learned counsel appearing for the petitioner submits that the petitioner is also entitled to receive the due amount of leave encashment and gratuity as has been paid to other such employees, whose names find place in the letter dated 8.1.2005, as contained in Annexure 2. Considering the submissions of parties, it is directed that the admissible amount payable to the petitioner on account of leave encashment and gratuity may also be paid to her in similar terms as has been paid to other similarly situated employees whose names find place in the aforementioned letter dated 8.1.2005, as contained in Annexure 2. Such payment be made expeditiously, preferably within a period of three months on receipt/production of the certified copy of the present order. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)