IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15452 of 2010 Udit Narain Singh, S/o Late Govind Prasad Singh, Resident of village & P.O. Balaha, Via Narainpur, P.S. Bihpur, District Bhagalpur, a retired Junior Engineer, Water Resources Department, Bihar, Patna…………………..Petitioner Versus 1. The State Of Bihar through Secretary, Water Resources Department, Bihar, Patna. 2. Engineer- in – Chief – cum - Special Secretary (North) Bihar, Patna. 3. Chief Engineer,Water Resources Department, Purnia. 4. Superintending Engineer, Mahananda Flood Control Circle, Katihar. 5. Executive Engineer, Flood Control Division, Karhagola (Katihar)…………Respondents ----------- 2. 27.04.2011 I.A. No.1779 of 2011 Heard learned counsel for the petitioner as well as learned counsel for the State on the interlocutory application and writ application also. Petitioner has filed this interlocutory application for impleading Executive Engineer, Minor Irrigation Division, Samastipur as respondent no.6 in the writ application in view of the stand of the respondents in the counter affidavit that service-book of petitioner is being withheld by the said Executive Engineer on account of which petitioner’s pension etc. has not been fixed and petitioner is not getting his post retiral benefits. 2 The interlocutory application is allowed. Learned counsel for the petitioner is permitted to add the said Executive Engineer as party respondent no.6 in this writ application in course of the day. In view of the stand of the respondents in the counter affidavit, learned counsel for the petitioner submits that petitioner is ready to pay damages of certain rotten and unserviceable materials, which were in his possession when he was posted at Samastipur, from where he shifted without handing over charge, and thereafter his pensionary benefits may be fixed and paid to him. Learned counsel for the respondents submits that service-book of petitioner is being retained by respondent no.6 only because he had not handed over charge of the articles which were in his possession before moving from there on transfer. In view of the stand of the learned counsel for the petitioner, this writ application is disposed of with liberty to the petitioner to appear before respondent no.6 and in his presence, respondent no.6 3 shall get formalities of handing over charge completed and if he finds that certain articles which were under the control and possession of petitioner as damaged, unserviceable or unusable, he may fix the monetary liability on petitioner for the same in terms of the relevant circulars and orders of the Government and thereafter shall forward his service-book along with liability statement to the concerned authority, who shall adjust the amount from pensionary benefits of the petitioner and thereafter fix his pensionary benefits and pass appropriate orders for payment of the same. The process shall be completed by all the respondents within three months from the date of appearance of petitioner before respondent no.6. BT (J. N. Singh, J.)