IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6596 of 2005 DILIP MUKHOPADHAYAY Versus THE STATE OF BIHAR & ORS -------- 12/ 11-12-2009 Heard Mr. Manmohan learned counsel appearing on behalf of the petitioner, Mr. R.K. Singh, learned A.C. to S.C. 19, Mr. Rakesh Kumar Singh, Advocate for the Accountant General and Mr. Mahesh Narayan Parbat for the Rajendra Agricultural University. The petitioner seeks a direction to the respondents for payment of the leave encashment amount, arrears of salary, revised pension and revised gratuity by reason of the promotion granted to him vide order dated 29.5.2002 as contained in Annexure-1 to the writ petition. In response to the relief prayed in the writ petition a counter affidavit was filed on behalf of the respondent nos. 1 and 3 on 21.4.2009 and in paragraph 8 thereof it was mentioned that the earned leave amount for 118 days was sanctioned in favour of the petitioner. It was further mentioned that copy of the notification of promotion has been forwarded to the Accountant General for re-fixation of pension and gratuity and issuance of authority slip. It was also mentioned that arrears of salary has been paid by the University which position is also borne from the counter affidavit filed on behalf of the University and that the authority slip in relation to the leave encashment of amount of Rs. 33,394/- has been issued, copy of which is placed at Annexure- A to the counter affidavit. In so far as revision of pension is concerned, a counter affidavit has been filed on behalf of the - 2 - Accountant General on 27.11.2009 mentioning therein that the Accountant General has issued the necessary orders revising the pension and gratuity of the petitioner as back as on 3.4.2003 and the pension and the gratuity of the petitioner have been revised. Although the revision of pension and gratuity as claimed by the petitioner took place as back as on 3.4.2003 surprisingly the petitioner has not made any attempt to either bring the same on record or question its correctness. In that view of the matter, nothing remains pending for adjudication before this Court. Learned counsel appearing on behalf of the petitioner refers to certain judgments of this Court and the Supreme Court placed at Annexure-8 of the writ petition with regard to the payment of interest on belated payments of dues. Although no such prayer for interest has been made in the writ petition, however, the petitioner, if so advised, may raise his claim for payment of interest on belated payments before the authority concerned and if the same is found supported by statutory provisions then the authority concerned would pass appropriate orders for payment of the same within three months from the date of filing of the representations. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)