IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14441 of 2011 Md. Munir Imam S/O Late Hafiz Abdul Hafeez R/O House-123, Abdul Mojib Road Bhikhanpur, P.S.- Ishak Chak, Distt.- Bhagalpur Versus 1. The State Of Bihar Through Commissioner, Water Resources Development Department, Bihar, Patna. 2. The Chief Engineer Mechanical Div. Water Resources Development Department, Bihar, Patna. 3. The Executive Engineer, Irrigation Mechanical Div., Samastipur. 4. The Accountant General, Bihar, Patna. 5. The Provident Fund Officer, Bhagalpur. 6. The Treasury Officer, Bhagalpur. ---------------------------------- 2 7/9/2011 Heard Smt. Pravina Kumari, learned counsel for the petitioner, Sri Krishna Murari Prasad, learned AC to Government Advocate No. 6, appearing on behalf of Respondent Nos. 1, 2, 3, 5 & 6/State of Bihar and Sri K.N. Choubey, learned counsel appearing on behalf of Respondent No. 4/Accountant General, Bihar, Patna. Sri Krishna Murari Prasad, learned AC to Government Advocate No. 6, makes a prayer to adjourn the case for two weeks for filing counter affidavit. Learned counsel for the petitioner Smt. Pravina Kumari submits that for the relief sought for in the present writ petition the petitioner has already filed representation before the competent authority, and as such, instead of adjourning the case the writ petition may be disposed of directing the Respondents to take decision on the representation of the petitioner. In view of stand taken by the learned counsel for the petitioner, there is no need to adjourn the matter for filing counter affidavit. 2 The petitioner, who retired as ‘Assistant Engineer’ from Irrigation Division No. 2, Lakshmipur Camp, Banka, which according to learned counsel for the petitioner, has merged with Irrigation Mechanical Division, Samastipur, has prayed for directing the Respondents to grant following reliefs:- I) Difference of salary of post of Assistant Engineer from 1.1.01 with interest. II) Arrear of salary and arrear pension, gratuity, earn leave and pension fixation on the basis of 1st and 2nd A.C.P. from 9.8.99 with interest. III) G.P.F. amount from Jan. 1973 to 82-83 with interest. IV) And any other due if so any for which the petitioner is entitled. Learned counsel for the petitioner has drawn my attention to ‘Annexure-4 Series’ to the writ petition which are different representations filed before the authority concerned including Respondent No. 2. In view of the stand taken by learned counsel for the petitioner, there is no need to keep the matter pending. The writ petition stands disposed of granting liberty to the petitioner to file a fresh detailed representation before Respondent No. 2/Chief Engineer Mechanical Division, Water Resources Development Department, Bihar, Patna, for the reliefs claimed in the present writ petition within a period of six weeks from today. If such representation is filed, Respondent No. 2 is required to examine the same and pass 3 appropriate order in accordance with law within a period of three months from the date of filing of such representation. If Respondent No. 2 considers the claim of the petitioner as genuine he is required to pass order for clearing the dues within three months from the date of filing of such representation. Even in case of refusal, Respondent No. 2 is required to pass speaking order and communicate the same to the petitioner within three months from the date of filing of such representation. So far as claim of interest on amount of GPF is concerned, the petitioner shall be entitled to get admissible statutory interest. With above observation and direction the writ petition stands disposed of. Praful (Rakesh Kumar, J.)