MC 2229/2010 BEFORE THE HON’BLE MR JUSTICE I.A. ANSARI Heard Mr. SC Keyal, learned counsel, for the applicant, and Mr. SN Sharma, learn ed Senior counsel, for the respondent Nos.1,2,3,4 and 6. Heard also Mr. A. Chetr y, learned counsel, for the respondent No.5, and Mr. N. Bora, learned counsel, f or the respondent No.4. By making this Miscellaneous Application, the applicant, who is petitio ner in WP(C) No.4488/2009, has sought for a direction to be issued to the State respondents to release his arrear salary, Traveling Allowances and other miscell aneous expenditure from the month of May, 2009, to September, 2009. During pendency of this application, which was filed on 20.04.2010, a le tter has been issued, on 20.04.2011, by the State respondents addressed to the p etitioner indicating thereby that the arrear salary has already been paid to the petitioner, but as regards the claim for miscellaneous expenditure relating to POL/Stationary, etc., the petitioner shall submit order of the competent authori ty so that the petitioner’s claim for miscellaneous expenditure and Travelling A llowance can be considered. The petitioner has, apparently, not responded to the letter, dated 20.04.2011. This Court, in a writ proceeding, would not direct th e respondents to make any payment to the petitioner unless it finds that the amo unt claimed by the petitioner is undisputed or until the time the Court decides on merit that such a due exists. In the face of the letter, dated 20.04.2011, there can be no escape from the conclusion that the petitioner’s claims are required to be examined and cross-ch ecked by the respondents concerned and it would be wholly inappropriate, on the part of this Court, to direct, at this stage, in the facts and attending circums tances of the present case, the respondents concerned to make payment to the pet itioner in terms of the claim, which the petitioner has made. Considering, therefore, the matter in its entirety and in the interest o f justice, this Misc. Case is disposed of with direction to the respondents, par ticularly, respondent No.3, namely, Commissioner and Secretary to the Government of Assam, Department of Soil Conservation, Dispur, to examine the petitioner’s claim in terms of the materials, which have come on record, and, then, take a de cision in the matter as to whether the petitioner shall or shall not be paid the amount(s), which he has claimed or any part(s) thereof. The whole exercise, so directed, shall be completed within a period of four weeks from the date of rece ipt of a copy of this order by the respondent No.3, namely, Commissioner and Sec retary to the Government of Assam, Department of Soil Conservation, Dispur. The petitioner may furnish to the respondent No.3, namely, Commissioner and Secretar y to the Government of Assam, Department of Soil Conservation, Dispur, a certifi ed copy of this order along with a copy of this Misc. Case, additional affidavit and the annexures thereto. The letter, dated 20.04.2011, which has been produced by Mr. SN Sharma, learned Senior counsel, be kept as part of record of this Misc. Case. Furnish a copy of this order to the learned counsel for the respondents.