IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8426 of 2003 MADAN LAL RAJAK, Son of Late Bulkan Prasad, resident of Mohalla Mithapur, P.S. Jakkanpur, District Patna. Versus 1.THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2.Secretary, Secondary Education, Primary and Adult Education Department, Government of Bihar, Patna. 3.Shri Baijnath Prasad, Director (Administrator) Cum Deputy Secretary, Secondary and Adult Education department, Government of Bihar, Patna. 4.Shri Surendra Prasad Sinha, Director, Mass Education Department, Government of Bihar, Patna. 5.Accountant General (A & E), Bihar and Jharkhand, Birchand Patel Path, Patna. ----------- 3 6/1/2010 Heard Mr. Ashutosh Kumar, counsel for the petitioner, counsel for the State as also counsel for the Accountant General. Prayer of the petitioner in this writ application reads as follows:- “(i)For issuance of an order, direction or writ including writ in the nature of Mandamus, commanding the respondents to make payment of difference of pay for the period April 1997 to February, 2000 as per the recommendation of the 5th Pay Revision Committee, amounting to Rs. 1,33,852/-. (ii)For issuance of an order, direction or writ including writ in the nature of Mandamus commanding the respondents to make payment of arrears of salary for the period March 2000 to January 2002, amounting to Rs.2,72,902/- . (iii)For issuance of an order, direction or writ including writ in the nature of Mandamus, commanding the 2 respondents to make payment of interest at the rate of 18% per annum on the aforesaid lawful dues of the petitioner. (iv)For issuance of an appropriate declaration holding that the petitioner is entitled for payment of his arrears of salary stated above.” Learned counsel for the petitioner at the out set would submit that he has no instructions as to whether the petitioner has received all or even part of amount as claimed in this writ application. Counsel for the State on the basis of instruction received by him from the Director, Mass Education Bihar, Patna in his letter No.1913 dated 7th November, 2003 has taken a stand that after the petitioner had retired he had submitted three bills worth Rs. 4,08,314=00, but they could not be passed by the Treasury on the ground that they had become stale due to pre audit but later on when the A.G. Bihar had cleared the bill of Rs.3,41,238=00 and had also directed the Treasury Officer Patna Secretariat, Vikash Bhawan to clear the bill of the said amount to the petitioner. He has therefore submitted that in all probability the petitioner has already received Rs.3,41,238=00, and thus the major portion of the amount claimed by the petitioner in this writ application has been already paid to him. In view of the fact that the claim of the petitioner to the tune of Rs.3,41,238/- has been admitted by the 3 Respondents, this Court would direct of its immediate payment to petitioner, if not already paid to him. Additionally, if there be any further claim of the petitioner confined to the grievance raised by him in this writ application, he will also have liberty to move the competent authority who then would be under obligation to examine the same and pass a reasoned order and also make payment of balance admissible amount if any payable to the petitioner. With the aforementioned observations/directions this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)