IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5349 of 2006 YADUNANDAN PRASAD, son of late Harihar Prasad, resident of village Rasalpur, P. O. and p. S. Bind, District Nalanda…. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary Finance Department, Government of Bihar, Old Secretariat, Patna. 3. The District Magistrate, Nalanda, District Nalanda. 4. The Deputy Collector Nalanda, District Nalanda. 5. The In-charge Dupty Collector-cum- District Development, Branch, Nalanda, District Nalanda. 6. The Block Development Officer, Ekangarasarai, District Nalanda. 7. The Accountant General, Bihar, Patna. .. Respondents. ----------- 3. 04.05.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ petition reads as follows:- “(i) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the respondent to fix the final pension after granting 1st Time Bound Promotion with effect from 21.1.1989, when petitioner has compelled the tenure of 10 years of service and which has been given to the petitioner vide memo no. 1812 dated 30.12.2003, but benefit has not been given till the date. And accordingly pay the amount of gratuity as well as entire retiral benefit including the arrears of salary due to grant of promotion till the date of retirement i.e. 30.11.2003 and entire amount must be paid with statutory as well as penal interest. (ii) For issuance of an appropriate writ in the nature of 2 Mandamus, commanding and directing the respondent Authority to pay the benefit of A.C.P. after completing the tenure of 24 years of service and accordingly to pay the revised pension based on A.C.P. (iii) For direction to the respondent authority to pay the salary from September 1988 to November 1988, for the Month of February 1991 and from 1.8.1990 to 13.8.1990 which is due in the Department and which has been sanctioned and forwarded by letter No. 235 dated 15.3.2004 issued by Block Development Officer Rajnagar and deposited in the office of respondent no. 5. (iv). For issuance of direction to the respondent authority to pay the entire amount which has been claimed by the petitioner by filing a detail representation on time without number i.e. on 20.7.2004, 20.8.2004, 21.9.2004 mentioning therein cause of due also.” From a reading of writ petition it would be clear that it is virtually a case of claiming entitlement of second time bound promotion and/or A.C.P. which would not be strictly within the realm of retirement benefit. Moreover, the respondents in the counter affidavit have taken a plea that payment of a sum of Rs.1,52,817/- has already been made and now there is no further dues of the petitioner in the department. In that view of the matter, if the petitioner has 3 any further grievance now relating to some of entitlements, he may file a fresh writ petition inasmuch as retiral dues on the admitted salary has already been paid. This writ petition is accordingly disposed of. Kanchan (Mihir Kumar Jha, J.)