IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12161 of 2008 NAND KISHORE MISHRA son of Late Vyash Mishra, residing at village- Panch Mahall Gillanpur, P.S.- Jehanabad, District- Jehanabad. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Department of Industry, Bihar, Patna 2. THE DIRECTION, HANDLOOM & SILK DIRECTOR, BIHAR, NEW SECRETARIAT, PATNA 3. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, NEW SECRETARIAT, PATNA 4. THE ASSISTANT REGISTRAR, WEAVERS CO-OPERATIVE SOCIETIES, GULZARBAG, PATNA 5. THE ACCOUNTANT GENERAL, GOVERNMENT OF BIHAR, PATNA ----------- 6 04.08.2009 Heard learned counsels for the petitioner, State and the respondent nos. 4 & 5. The grievance of the petitioner is with regard to certain claims of the retiral dues also the salary for the period from July, 2007 to June, 2008. The further grievance of the petitioner is that the petitioner took the voluntary retirement from the service with effect from 01.02.2008 which was duly sanctioned by the respondent no.3 as per letter no. 369 dated 17th January, 2008 allowing the voluntary retirement of the petitioner w.e.f. 1st February, 2008. Learned counsel for the petitioner submits that the respondent no.4 has not sanctioned the retiral dues taking into consideration the last emoluments the petitioner was entitled to receive as on 31st January, 2008 whereas from Annexure-2 while sanctioning the provisional gratuity it would appear that the salary paid to the petitioner for the month of June, 2007 was taken into consideration. As such all the retiral dues have been paid at the reduced scale. - 2 - Learned counsel appearing for the respondent no.4 has filed a counter affidavit as also submitted to the effect that all the admissible retiral dues of the petitioner have been paid and also the requisite number of leave has been sanctioned for the period petitioner was absent after 30th June, 2007. Learned counsel for the petitioner, however, submits that the respondent no.4 was not justified in adjusting the absence of the petitioner which occasion due to his serious illness, and as such, the respondent no.4 ought to have adjusted the said absence from the medical leave. Notwithstanding the above, learned counsel submits that for expeditious disposal of the pending claims petitioner proposes to file a fresh representation stating separately the outstanding claims of the petitioner before the respondent no.2. In case such representation is filed by the petitioner along with the certified copy of the present order as also the copy of the relevant documents in support of the claim within a period of four weeks from today, the respondent no.2 shall consider the grievances of the petitioner in accordance with law expeditiously preferably within a period of four months on receipt of such representation so that the outstanding claims of the petitioner, if found admissible, could be paid without delay with statutory interest. The writ application is disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)