IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1579 of 2007 SATYA NARAYAN SINGH Versus THE STATE OF BIHAR & ORS ----------- 10/ 24.11.2009 Heard Mr. Ram Sagar Singh for the petitioner, Mr. K.B. Nath, learned counsel appearing on behalf of the Zila Parishad and learned assisting counsel to G.P. 13, appearing on behalf of the State. During the pendency of the writ petition almost the entire dues were paid to the petitioner save and except certain dues by reason of the 5th Pay Revision and on account of Central Pay Scale which remained pending. In terms of the affidavits filed during the course of proceedings the said amount was stated to be the tune of Rs. 2, 23,063/-. This Court by order dated 26.10.2009 and 17.11.2009 directed the respondent authorities to discharge their liability in so far as it related to the payment of the dues of the salary of the petitioner on account of 5th Pay Revision and the coming into effect of the Central Pay Scale. By the last order the Chief Executive Officer of the Zila Parishad was directed to be present in this Court in case the payments were not made to the petitioner. Today, Mr. K.B. Nath, learned counsel appearing on behalf of the Zila Parishad produces a letter dated 2 23.11.2009 issued by the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Katihar, whereby he has informed that in compliance of this Court’s order a calculation towards the pending dues of the petitioner in relation to the 5th Pay Revision and Central Pay Scale was made and it was found that he was eligible for payment of Rs. 1,73,683/- and which has since been paid to him vide cheque no. 747798 dated 20.11.2009. It has been stated that due to inadvertent error the interim relief had been earlier added in the said calculation of dues and it is for this reason that the total amount had been estimated at Rs. 2, 23,063/- and which in law was not payable to the petitioner and that after deleting the said interim relief the balance amount of Rs. 1, 73,683/- has been paid to the petitioner. Learned counsel also produces a photo copy of the cheque payable in favour of the petitioner for the amount of Rs. 1,73,683/- drawn on the State Bank of India dated 20.11.2009. Let a photo copy of the letter dated 23.11.2009 issued by the respondent Chief Executive Officer be kept on record. The petitioner disputes the calculation made by the respondents Zila Parishad with regard to his dues towards 5th Pay Revision and the Central Pay Scale and submits that the deduction of the interim relief has been incorrectly 3 made and that he was entitled to the total amount of Rs. 2, 23,063/- as also estimated by them. Learned counsel for the petitioner has also been handed over a detail showing the calculation as to how the amount of Rs, 1, 73,683/- has been arrived at by the respondent Zila Parishad and to demonstrate that the deduction had been correctly made. Be that as it may, no purpose would be served in keeping this writ petition pending. This writ petition is disposed of with a liberty to the petitioner, if so advised, to file a representation within a period of four weeks from today substantiating his claim. Needless to say that if the petitioner is able to make out his case for any further payment, the same should be made by the Zila Parishad within three months from the date of receipt/production of the representation and if the claim is found not payable, the same should be rejected by speaking order which should also be passed within the stipulated period. This writ petition stands disposed of with the directions aforesaid. S.Sb/- (Jyoti Saran, J.)