IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4059 of 2006 JALDHAR PRASAD YADAV Versus THE STATE OF BIHAR & ORS ----------- 2. 14.5.2010. There is no representation on behalf of the petitioner. Mr. Gajendra Nath Ojha learned Assisting counsel to G.A.2 is present. The writ petition was filed for payment of the differences of salary for the period from 1.1.1971 to 31.3.1973 together with interest thereon in terms of the resolution no.763 dated 9.2.1973. The petitioner was appointed on 8.8.1964 as a teacher in the Primary School Bara. The non government elementary schools were taken over under the provisions of the Bihar Non Government Elementary Schools (Take-over of Control) Act, l976 with effect from 1.1.71. The petitioner superannuated while holding the post of teacher with effect from 31.1.1999 and was paid his other post retiral benefits, except the claim in question. Although the matter has remained pending since 2006, there is neither any counter affidavit on the record of the proceedings nor there is any 2 instruction with learned counsel for the State. Having regard to the situation aforesaid, the writ petition is disposed of with a direction to the respondent no.4 the District Superintendent of Education, Banka to consider the claim of the petitioner for differential amount of salary for the period 1.1.1971 to 31.3.1973 which was deposited in the GPF amount together with the admissible interest thereon in terms of the resolution no.763 dated 9.2.1973 and in terms of the law laid down by this Court in the case of Paras Nath Singh Vrs the State of Bihar and ors reported in 2003(3) PLJR 57. If the petitioner is found entitled for the said amount and the same has not yet been paid to him, the claim should be paid together with the admissible statutory interest thereon within a period of three months from the date of receipt/product8on of a copy of this order. ahk (Jyoti Saran, J.)