IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5115 of 2007 BISHRAM SHARMA, Son of Late Ram Chandra Singh, Resident of Village- Bara, P.S. - Rani Talab (Bikram), District – Patna. Retired while working as Head Master from Govt. Dhaneshwari High School, Bara, Naubatpur, District – Patna. ----- Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Adult Education, Bihar, Patna. 3. The Director, Adult Education, Bihar, Patna. 4. The District Magistrate, Patna. 5. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Patna. 6. The District Superintendent of Education, Patna. 7. The District Provident Fund Officer, Patna. 8. The Block Education Officer, Patna. 9. The District Treasury Officer, Patna. ------- Respondents ----------- 2 11/5/2011 Heard Sri Dronacharya, who was assisted by Sri Arvind Kumar, learned counsel for the petitioner and Smt. Nutan Kumari Sharma, learned A.C. to Government Advocate No. 5, appearing on behalf of all the respondents/State. The writ petition was filed in the year 2007 with a prayer to direct the respondents to clear all the retiral dues of the petitioner who retired on 7/7/2006 as 'Head Master' from Government Dhaneshwari High School (Bara), Naubatpur, Anchal- Naubatpur, District - Patna. In this case no counter affidavit has been filed on behalf of the State. However, learned counsel for the petitioner submits that during the pendency of the writ petition all other retiral dues save and except the amount of leave encashment have already been paid. In view of the fact that most of the grievances of the petitioner have already been redressed and only amount of leave 2 encashment is required to be paid by the respondent authorities, the court is of the opinion that the writ petition can be disposed of granting liberty to the petitioner to file representation before respondent no. 6/District Superintendent of Education, Patna, claiming the amount of his leave encashment. If such representation is filed, respondent no. 6, is directed to examine the same and pass appropriate order in accordance with law and if he considers the claim of the petitioner as genuine he is required to pass order for payment within two months from the date of filing of such representation. It is further made clear that the petitioner shall be entitled to get interest on the amount of leave encashment at the rate which is applicable on saving bank account. Respondent no. 3/Director, Adult Education, Bihar, Patna, shall be entitled to recover the amount of interest to be paid to the petitioner from the officer/employees responsible for delay in payment of aforesaid amount. With above observation and direction the writ petition stands disposed of. Praful (Rakesh Kumar, J.)