IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1318 of 2005 SHYAM DEO SHARMA, aged about 61 years, son of late Alakh deo Sharma, resident of village- Dehuni, P.O. Golakhpur, P.S. Ghosi, District- Jehanbad. Versus 1. THE STATE OF BIHAR through the Secretary- cum-Commissioner, Road Construction Department (R.C.D.), Vishweshwariaya Bhawan, Bailey Road, Patna. 2. The Engineer-in-Chief, Road Construction Department (R.C.D.), Vishweshwariya Bhawan, Bailey Road, Patna. 3. The Chief Engineer, Road Construction Department (R.C.C.), Vishweshariya Bhawan, Bailey Road, Patna. 4. the Superintending Engineer, Road Construction Department, Magadh Circle, Road-Gaya, at and P.o. Gaya. 5. The Director, Provident Fund, Pant bhawan, Bailey Road, Patna. 6. the District Provident Fund Officer, Nalanda at Biharsharif. 7. The executive Engineer, National High Way Division No.2, at Biharsharif, District- Nalanda. 8. The Accountant General, Birchand Patel Path, Patna.-800001. ----------- 6 08.03.2010 Heard Mr. Subhash Prasad Singh, learned counsel for the petitioner, Mr. R.K. Singh learned A.C. to S.C.8 for the State and Mr. Arun Kumar Arun learned counsel for the Accountant General. The petitioner who superannuated from the post of Junior Engineer with effect from 31.7.2002, had filed the writ petition for payment of his post retiral and other dues. Admitted position is that the post retiral and 2 other dues as found admissible by the respondent authorities have been paid to the petitioner during the pendency of the proceeding and have been brought on record by way of counter affidavits filed during the course of proceeding. Learned counsel appearing on behalf of the petitioner with reference to the rejoinder filed today submits that there is some miscalculation in the interest amount on the G.P.F. deductions and that the petitioner is entitled to further amount by way of interest on the G.P.F. disbursement. He also with reference to calculation chart issued by the Executive Engineer, National Highway Division No.2, Biharsharif dated 16.2.2010 placed at Annexure-G submits that although the arrears of salary amount by reason of the two time bound promotions came to Rs. 9,09,779/- but out of that the respondents have made payment only an amount of Rs. 8,15,653/- and which fact is evident from the deposit receipt dated 23.1.2010 placed at Annexure-F to the supplementary counter affidavit filed by the Executive Engineer, National Highway Division No.2. He thus submits that the petitioner is 3 entitled to a further amount of Rs. 94,125/- towards his arrears of salary. Having regard to the submissions made in the counter affidavit to the effect that the amounts as found admissible by the respondent authorities have since been paid to the petitioner, no useful purpose would be served in keeping the writ petition pending. The petitioner if so advised, may raise his claim with regard to interest on his G.P.F. disbursement together with calculative details and supportive documents before the respondent No.6, the District Provident Fund Officer, Nalanda, Biharsharif in support of his contention regarding the further amount by way of interest on the G.P.F. deductions and who shall consider the dispose of the same within a period of three months from the date of receipt of such representation. In so far as the dispute regarding the arrears of salary is concerned, the petitioner would bring the same to the notice of the respondent No.7, the Executive Engineer, National Highway Division No.2, Biharsharif, District Nalanda enclosing the documents in support of his contention regarding the further amount of Rs. 94,125/- by 4 way of arrears of salary and the respondent No.7 shall consider and dispose of the same in accordance with law within the same period of three months. The writ petition stands disposed of. Bibhash (Jyoti Saran, J. )