IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2911 of 2007 KAUSHAL KISHORE SINGH, son of late Ayodhya Singh, resident of village – Pillichh, P S – Parwalpur, District – Nalanda. Versus 1. THE STATE OF BIHAR through the Secretary, Art, Culture and Youth Department, Vikash Bhawan, Patna. 2. The Secretary, Art, Culture and Youth Department, Vikas Bhawan, Patna. 3. The Director, Student and Youth Welfare, Art, Culture and Youth Department, Vikas Bhawan, Patna. 4. District Education Officer, Patna. 5. District Provident Fund Officer, Patna. 6. Accountant General, Bihar, Patna. 7. Accountant General, U.P. Allahabad. ----------- For the petitioner: M/S. Bankey Bihari Singh, Sanjay Kumar and Shailendra Pd. For the State: J C to G P 21. --------- 03. 31.03.2009 After exchange of pleadings and filing of counter affidavits by the respective respondents the issue boils down to three areas. Petitioner submits that payment of arrear of salary made to the petitioner which is to the tune of Rs.15, 852 is not the correct figure because chart annexed as Annexure-C on behalf of respondent no.4 does not reflect true accounting. He is entitled to some more arrears. In this regard the Court can only observe that petitioner has liberty to sit with District Education Officer, Patna, and understand the account. If any discrepancy is found the District Education Officer, Patna is hereby directed to take steps in this regard otherwise payment made as above will be treated as final and allowed to rest. The other issue which is vexing the petitioner is that he has not been paid salary for the month of February, 1996 for no apparent reason. In the counter affidavit which has been filed on behalf of the respondents they have accepted the position that the salary could not - 2 - be paid to the petitioner due to paucity of fund. That is the only reason assigned in the stand by the respondents in this regard. The Court directs the District Education Officer , Patna that he shall make arrangement for payment of salary for the month of February, 1996 from the resources available with the department and it will be open to the department to adjust the same when requisite fund is released from the Central Government as has been stated in the counter affidavit. This is being done because a retired employee cannot be asked to wait indefinitely. If he has any difficulty in this regard, he has freedom to approach senior authorities of the State of Bihar on this accounts. A counter affidavit has been filed on behalf of Accountant General where it has been stated that family pension has already been authorized in favour of the wife of the petitioner. Petitioner submits that for the reasons best known to the sanctioning authority despite his effort having been made in this regard, the name of the wife namely, Janki Devi has not been forwarded and authorization of family pension does not reflect her name. Keeping the above in mind the District Education Officer, Patna is hereby directed to forward the name of Janki Devi, wife of the present petitioner to the office of the Accountant General so that necessary steps can be taken by the Accountant General in this regard. The Court expects the District Education Officer to do the needful within four weeks of communication / production of a copy of this order and the Accountant General, Bihar will do the needful - 3 - thereafter. Petitioner submits that payment of GPF made to him does not include the portion which has been forwarded by the GPF authorities of Uttar Pradesh. This issue is not very clear from the counter affidavit, though PF authorities have categorically stated that all payments have been made. This is a matter of verification of record and accounting. The District Provident Officer, Patna is hereby directed to satisfy the petitioner that all deductions are duly reflected, accounted for and payment has been made. Needless to say that if any discrepancy exists petitioner would be entitled to payment. The writ application is disposed of with the above directions. rkp (Ajay Kumar Tripathi, J)