IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12339 of 2007 CHANDRA PRAKASH PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2 23.2.2010 Learned counsel for the petitioner is permitted to add the Director Panchayati Raj Bihar, Patna as party respondent no. 10 Heard learned counsel for the parties. Petitioner was given the responsibility of cleaning, oiling and painting of 421 ballot boxes which were used for the purpose of holding Panchayat Election in the year, 2006. A sum of Rs. 33419/- was paid to him as an advance but the balance amount of Rs. 2,15,979.80 paise has not been paid till date. Recommendations have been made in favour of the petitioner but in absence of fund the above amount could not be paid. Even according to respondents this claim has not been denied but the reason for non-payment of the amount is due to non-availability of the fund. Even the respondents have themselves brought on record a communication dated 6.5.2008 written by the District Magistrate, Sheikhpura to the Director, Panchayati Raj Bihar, Patna for release of the fund but nothing seems to have happened on this score. In view of the above stated position, this writ application is disposed of with a direction upon respondent no.10, Director Panchayati Raj Bihar, Patna as well as the respondent no. 2 District Magistrate-cum-District Election Officer, Sheikhpura - 2 - that they shall ensure that necessary fund are made available and the claim of the petitioner are settled within a period of three months from the date of communication or production of a copy of this order. If the order is not complied with within the specified time there could be an occasion for the petitioner to claim interest for the period of payment which in no way has been made since last four years. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)