IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2571 of 2009 KRISHNA BHUWAN PRASAD SINHA SON OF LATE SATYANARAYAN PRASAD, R/O SRI KRISHNA NAGAR, DEEP SHIKHA ROAD, PS, BEGUSARAI, DISTRICT-BEGUSARAI AT PRESENT RESIDING IN THE HOUSE OF DR.C.D. NARAYAN, PANCHDEV BHAWAN, RAIJI GALI, EAST BORING CANAL ROAD, PS-BUDHA COLONY, DIST- PATNA…………………………………….PETITIONER. Versus 1. THE STATE OF BIHAR 2. SRI AMIT PRATYAY, PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPATMENT, VISHWSHARAIYA BHAWAN, PATNA 3. SRI NAVIN KUMAR SINHA, FINANCE COMMISSIONER, FINANCE DEPARTMENT, OLD SECRETARIAT, P.S.SACHIVALAYA, PATNA. 4. SRI GANESH CHOUDHARY, DEPUTY SECRETARY, RCD, VISHWESHARAIYA BHAWAN, PATNA. 5. SRI RAM DHYAN RAM, THE ENGINEER IN CHIEF, ROAD CONSTRUCTION DEPATMENT, VISHWSHARAIYA BHAWAN, PATNA 6. SRI BRAJESH MEHROTRA, THE ENGINEER IN CHIEF, ROAD CONSTRUCTION DEPATMENT, VISHWSHARAIYA BHAWAN, PATNA 7. SRI AMID HUSSAIN KHAN, EXECUTIVE ENGINEER, BUILDING DIVISION, BUILDING CONSTRUCTIION DEPARTMENT, BEGUSARAI 8. SRI BINOD KUMAR JHA, TREASURY OFFICER, BEGUSARI. 9. SRI I.S. DHASIWAL, ACCOUNTANT GENERAL, (A & E), BIRCHAND PATEL PATH, PATNA. 10. THE SECRETARY, BUILDING CONSTRUCTION DEPATMENT, VISHWSHARAIYA BHAWAN, PATNA……..OPP PARTIES. ------------- For the petitioner:- Mr. Rupak Kumar, Adv. For the A.G. :- Mr.Vivekanand Kumar, Adv. For the State :- Mr. P.K. Verma, AAG-5 Dr. Mankeshwar Jiwan AC to AAG-5 ---------------- 2 7/ 1st April 2011 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for Accountant General, Bihar. 2. Petitioner superannuated from the post of Junior Engineer, Building Division, Building Constructiion Department, Begusarai on 31.12.1999. He filed writ petition bearing CWJC No.1565/2009 for payment of various dues of salary, revised pension, gratuity, leave encashment etc. on account of his having got first and second ACP benefits by way of revised scales from 9.8.1999 vide order dated 5.6.2008. 3. During the pendency of this contempt application the other benefits have been paid to the petitioner and on 23rd February 2011 this Court passed an order to the effect that only dispute between the parties is whether the lawful dues of leave encashment in the light of benefits of first and second ACP have been paid or not. For that purpose, the concerned Executive Engineer, O.P. No.7 was required to make available to this Court the chart of calculation for showing that leave encashment has been calculated keeping in view the ACP benefits granted much after retirement of the petitioner. 3 4. Learned counsel for the State has submitted that the concerned Engineer has sent a letter reporting that the dues of leave encashment have been paid in accordance with law but the chart of calculation has not been made available to show that ACP benefits had been kept in consideration while calculating the dues of leave encashment. 5. Learned counsel for the petitioner fairly submits that the contempt application may be disposed of giving liberty to the petitioner to file a representation in case he is to get more amount towards leave encashment in the light of ACP benefits and if such representation is filed, the same be directed to be disposed of within a reasonable time. Learned counsel for the State has no objection. 6. This contempt application is disposed of finally with a liberty to the petitioner to file representation as indicated above. If such a representation is filed before O.P. No.7, the concerned Executive Engineer at Begusarai then he will dispose of the representation in accordance with law and communicate the decision to the petitioner within two months on filing of the representation. If 4 anything is found payable to the petitioner, the same shall be paid soon thereafter. perwez/ ( Shiva Kirti Singh,J.)