IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14937 of 2009 RAM KRISHNA CHAUDHARY S/O LATE BUDDHU LAL CHAUDHARY R/O MOHALLA- MOGALPURA, FAUZDARI KUAN, P.S.- KHAJEKALAN, PATNA CITY, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH HUMAN RESOURCES DEPARTMENT BIHAR, PATNA 2. THE CHAIRMAN BIHAR SCHOOL EXAMINATION BOARD, BIHAR, PATNA 3. THE SECRETARY BIHAR SCHOOL EXAMINATION BOARD, BIHAR, PATNA ----------- 6 07.04.2010 Heard learned counsels for the petitioner, the State and the respondent-Board. The grievance of the petitioner is that he superannuated from the service of the respondent-Board on 30th November, 2001 however he has not been paid his full retiral dues. Mr. Sunil Kumar Mandal, learned counsel for the respondent-Board submits that details of the amount payable to the petitioner as retiral dues have been indicated in paragraph 8 of the counter affidavit and in paragraph 9 of the counter affidavit it is also mentioned that a total sum of Rs. 5,36,109/- was found payable by the petitioner on account of several advances as indicated in paragraph 7 of the counter affidavit which comes to Rs. 7,36,108.80 and after giving credit to the amount payable by the petitioner an sum of Rs.2,02,945/- was still found outstanding to be paid by the petitioner and the said amount was adjusted @ 4,000/- per month without interest from the pension of the petitioner with effect from March, 2000. It is further submitted that after the aforesaid amount was adjusted now the petitioner is getting the full pension. Learned counsel for the petitioner submits that the account detailed in paragraphs 7, 8, 9 & 13 of the counter affidavit are not correct for the reason that against the evaluation advance sanctioned by the Board the petitioner had submitted the respective original vouchers for adjustment which were not done and an outstanding balance was shown to be paid by the petitioner. There is no rejoinder, however the matter of accounting cannot be gone into appropriately in an proceeding under Article 226 of the Constitution of India, however it will be open for the petitioner to take the recourse of a civil suit in a Civil Court for the money claims which according to the petitioner is liable to be paid by the Board on consideration of the relevant evidence. Besides the above, the grievance of the petitioner is that the petitioner is not receiving his full pension even after adjusting the so called advances. Learned counsel for the respondent-Board submits that the respondent-Board is prepared to communicate the petitioner stating the details of calculation with regard to pension which is now being paid to the petitioner within a period of six weeks. Accordingly, this writ application is disposed of directing the respondent no.3 to furnish the necessary communication containing the details of calculation with regard to pension which is presently being paid to the petitioner within a period of two months on receipt/production of the certified copy of the present order along with a representation stating with regard to the grievance that the petitioner is not receiving the full pension. Manish/- (Shailesh Kumar Sinha,J.)