IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10968 of 2006 KAMALUDDIN AHMAD, S/o Dhannu Momin, Resident of Village- Ramkhetari, P.S.- Rajnagar, District – Madhubani. ……… Petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna-1. 2. The Commissioner/Secretary, Road Construction Department, Govt. of Bihar, Bishesharia Bhawan, Bailey Road, Patna-1. 3. The Engineer-in-Chief-cum-Special Secretary, Road Construction Department, Beshesharia Bhawan, Bailey Road, Patna-1. 4. The Under Secretary, Govt. of Bihar, Road Construction Department, Bailey Road, Patna. …….. Respondents ----------- 2 07.04.2011 Heard Mr. Anisur Rahman, learned counsel for the petitioner and Sri Pawan Kumar, learned A.C. to Govt. Advocate No. V, who appears on behalf of all the respondents. The petitioner, who retired with effect from 31.12.1997 as Assistant Engineer in N.R.E.P. Division, Madhepura, has prayed for directing the respondents to make payment of amount of leave encashment with interest. Learned counsel for the petitioner submits that after retirement all other retrial dues have been cleared, save and except, the amount of leave encashment, that too, without any rhyme or reason. The petitioner has filed number of representations before the concerned respondents. Even legal notices were sent, but till date, payment under the head of leave encashment has not been cleared. The present writ petition was filed on 5.9.2006 after serving copy on learned counsel for the State. However, till date, no counter affidavit has been filed. 2 The court is of the opinion that in absence of any counter affidavit the statement made in the writ petition shall be treated as admitted fact, and as such, the writ petition is liable to be allowed. Accordingly, the writ petition stands allowed with a direction to make payment of the amount of leave encashment of the petitioner with admissible interest till the date of payment within a period of two months from the date of receipt/production of a copy of this order. The writ petition stands allowed. Praful (Rakesh Kumar, J.)