IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15901 of 2008 KRISHNA KUMAR PRASAD SINGH, son of late Jang Bahadur Singh, resident of Village Mahaddi Pur, P.O. Mathurapur, P.S. Guraru, District-Gaya. Versus 1.THE STATE OF BIHAR through the Commissioner- cum-Principal Secretary, Depatment of Science and Technology, Govt. of Bihar, Patna. 2.The Commissioner-cum-Principal Secretary, Department of Science and Technology, Govt. of Bihar, Patna. 3.The Director, Science and Technology Department, Govt. of Bihar, patna. 4.The principal, Bhagalpur College of Engineering, Bhagalpur. 5.The Accountant General, Bihar, Patna. ----------- 2 4/5/2010 Heard Mr. Raj Saurabh Nath, learned counsel for the petitioner, counsel for the State as also counsel for the Accountant General. In this writ application prayer of the petitioner reads as follows:- “That the writ petition is filed for issuance of Mandamus upon the Respondent for payment of Gratuity and Leave Encashment along with interest which is pending since 1.1.2001 as the petitioner superannuated on 31.12.2000 from the post of Store Keeper, Bhagalpur College of Engineering, Bhagalpur.” As with regard to the aforementioned prayer the respondents have filed a counter affidavit, wherein a clear stand has been taken that at one point of time the petitioner himself had made request that whatever recoverable amount is to be realized from the petitioner that can be deducted from his payable amount of Gratuity and Leave Encashment. In this context counsel for the State refers to averment made in Annexure-2 and Annexure-5, the two applications filed by the petitioner. 2 Mr. Nath, learned counsel for the petitioner, on the other hand, with reference to the pleadings on record especially those stated in reply to the counter affidavit has taken a stand that earlier amount was much lesser and in fact limited to recovery of the house rent and certain advances only, but now under the revised order such amount has been increased and the option has been taken after six years of retirement of the petitioner. In the opinion of this Court, here is a case where neither entitlement is in doubt nor the petitioner, a Store Keeper, can claim to swallow the government money and/or materials if the same was entrusted to him. In that view of the matter, this Court would give liberty to the petitioner to approach the Principal of Bhagalpur Engineering College who would give complete break-up of the amounts with proof of causing loss to the Institution by virtue of his holding the post of Store Keeper. Upon service of the documents aforesaid and the reasons indicating for recovery, the petitioner will be entitled to file his reply enclosing documents in defence that such amounts were already cleared by him or is not recoverable from him. The Principal of the College after considering such application of the petitioner will pass order and if he finds any further payment admissible to the petitioner the payment thereof also must be made to him within a period of one months of passing such order. 3 With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)