IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3530 of 2007 SUNIL KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 05/ 06.04.2010 By order dated 3.2.2010 a substitution petition bearing I.A. No. 832 of 2010 was allowed and the son of the original petitioner, Sunil Kumar Singh was directed to be substituted in place of original petitioner, Yashoda Devi. I find that necessary corrections in the file has not yet been carried out. Office is directed to be careful in future. Let the name of Yashoda Devi be expunged from the proceedings and be substituted by her legal heir Sunil Kumar Singh. Pursuant to the order of this Court dated 18.3.2010 a counter affidavit has been filed on behalf of the respondent no. 2, the Area Education Officer mentioning therein that an amount of Rs. 42,897/- being the difference of salary for the period 1.1.1971 to 31.3.1973 together with admissible interest has been paid to the substituted petitioner, Sunil Kumar Singh by a banker’s cheque. However, the counterfoil of the draft application form has been enclosed in support of the said statement and has been placed at Annexure-J to the counter affidavit. Mr. Shashi Dhar Jha, learned counsel for the 2 petitioner, however, submits that the grievance of the petitioner regarding payment of the amount deposited in the suspense account together with admissible interest continues to remain pending as no statement in relation to the said claim has been set out in the counter affidavit. Having regard to the circumstances that the differential amount of salary with interest has been paid to the substituted petitioner, the writ petition is disposed of with a direction to respondent no. 2, the District Superintendent of Education, Khagaria to make payment of the amount deposited in the suspense account of the mother of the petitioner, late Yashoda Devi together with admissible interest thereon to the petitioner within a period of three months from the date of receipt/production of a copy of this order. S.Sb/- (Jyoti Saran, J.)