IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12919 of 2003 UMA PATI CHOUDHARY SON OF LATE RADHA KANT CHOUDHARY, RESIDENT OF “SHANI KUTIR” RAJIV NAGAR, ROAD NO. 22 P.S. PATLIPUTRA, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA. 2. THE BIHAR SANSKRIT SIKHSA BOARD THROUGH ITS CHAIRMAN BORING CANAL ROAD, PATNA. 3. THE SECRETARY, BIHAR SANSKRIT SIKSHA BOARD, BORING CANAL ROAD, PATNA. 4. SPECIAL DIRECTOR, DIRECTORATE OF SANSKRIT EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA 5. REGIONAL PROVIDENT FUND COMMISSIONER, R.BLOCK BIHAR, PATNA. ----------- 18. 24.06.2010 Heard learned counsel for the petitioner, State, Mr. Awdesh Prasad Sinha for the respondent – Board and Mr. R.S. Pradhan, Senior Advocate for the respondent no. 5. The grievance of the petitioner is that upon his superannuation as Financial controller from the service of the respondent – Board on 31.07.1998, petitioner though received the contributory provident fund from the board, yet he has not received any amount against leave encashment as well as pension. Learned counsel for the Board submits that petitioner is not entitled to the benefit of pension since the service of the employees under the respondent – 2 Board is not pensionable. As regards the claims for leave encashment and other retiral dues, the same has been paid to the petitioner. He further submits that whether the amount of leave encashment and other admissible retiral dues have been paid or not, the same shall be verified from the records since the Board submits that nothing has remained to be paid. The parties are agree that the matter with regard to the entitlement/disentitlement of the pension be considered by the Regional Provident fund Commissioner, R.Block, Bihar, Patna (respondent no. 5). In the above circumstances, learned counsel for the petitioner submits that for redressal of his grievance with regard to retiral dues, petitioner proposes to file a representation before the respondent no. 3. In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of six weeks along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the above respondent shall consider the claims of the petitioner as raised in the representation in accordance with law expeditiously, preferably within a period of four months on receipt of such representation. The representation of the petitioner shall be disposed of by a 3 reasoned order and communicated to the petitioner by post under registered cover. As regards the claim for pension, learned counsel for the petitioner proposes to file a separate representation before the respondent no. 5. In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of four weeks along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the above respondent shall consider the claims of the petitioner with regard to the claim for pension as raised in the representation in accordance with law after hearing the petitioner as also the representative of the Bihar Sanskrit Shiksha Board, Patna expeditiously, preferably within a period of four months on receipt of such representation. The representation of the petitioner shall be disposed of by a reasoned order and be communicated to the petitioner by post under registered cover. The writ application stands disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)