IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8516 of 2005 CHANDRA SHEKHAR PRASAD SRIVASTAVA SON OF LATE SHRI VISHNU DEV NARAIN, RESIDENT OF AMGOLA, ORIENT CLUB WEST LANE, P.O. RAMNA, DISTRICT MUZAFFARPUR. Versus 1. THE STATE OF BIHAR 2. SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA. 3. DEPUTY SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA. 4. SECRETARY CUM COMMISSIONER, DEPARTMENT OF FINANCE, GOVT. OF BIHAR, PATNA. 5. ACCOUNTANT GENERAL BIHAR, PATNA. ----------- For the Petitioner :- Mr. Rajendra Narain. For the State :- Mr. Nirmal Kumar Sinha. For the Accountant General :- Mr. Ranjan Kumar. ----- 3 30/08/2010 Writ was filed by the petitioner for an appropriate direction upon the respondents to fix proper pay scale and consequential benefit flowing therefrom and the matter of retrial dues etc. A direction has also been sought to ensure payment to the petitioner by the respondents in this regard. No counter affidavit on behalf of the State has been filed but counter affidavit on behalf of the Accountant General has been filed. Statement has been - 2 - made on behalf of the Accountant General that the benefit arising out of fixation of pay scale and other related benefits came to be worked out by the office of the Accountant General and authorizations have also been made in terms of annexure-C which has been brought on record with the said counter affidavit. However, there is a communication contained in Annexure-D addressed to the petitioner which indicates that the respondent Accountant General has requested the petitioner to furnish details of the payments/non payments with regard to the benefit of un-utilised earned leave. This communication is of August, 2005. Learned counsel for the petitioner also tries to submit that the authorization contained in annexure-C is subject to proper authorization by the concerned State authorities as there is some reflection of it in the said communication. With regard to the sanction and authorization contained in annexure-C, the Court does not understand as to why there ought to be any hitch because annexure- C is the authorization letter issued at the level of the Accountant General and the same is un-conditional. - 3 - Benefit of this authorization must have accrued to the petitioner. If not accrued, it ought to accrue to him. With regard to un-utilised earned leave, the ball is in the court of the petitioner. If he furnishes the details as directed/requested in terms of annexure-D, then respondent Accountant General would ensure settlement of this aspect, if it has not been done so far. It is further clarified that looking at the time frame when the petitioner has retired, it is high time that all the hitches should be ironed out. If Annexure-D has any reflection on annexure-C, then the concerned authority shall ensure that the formality should be completed or whatever be it be taken care of by the respondents. This writ application is disposed of with the above direction. AMIN/ (Ajay Kumar Tripathi, J.)