IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13435 of 2001 MD.AKHTAR Versus THE STATE OF BIHAR & ORS ----------- Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who retired as Live Stock Assistant w.e.f. 28th February, 1997, has moved this Court for a direction to the respondents to pay his retiral dues. During the pendency of the writ application, certain amounts under different heads were released to the petitioner. However, today learned counsel for the petitioner submits that the petitioner has been paid leave salary encashment for three months whereas he is entitled for leave salary encashment for six months. Similarly, petitioner has been paid a sum of Rs.1,19,596 towards his G.P.F. amount due whereas as per the calculation made by the petitioner with regard to deduction from his salary, his due amount comes to 1,44,000. Thus she says that amount of Rs. 24,405 is still due for payment under this head. Learned counsel for the petitioner also submits that the petitioner had retired on 2 28.02.1997 after revision of pay scale which was effected w.e.f. 1.1.1996. Since monetary benefits of pay scale was payable from 1.4.1997, therefore, the petitioner is indeed not entitled for payment of arrears on account of revision of pay scale but she submits that since revised pay scale had come into effect from 1.1.1996, the petitioner is, in fact, entitled for fixation of his pension on the basis of revision of his pay scale as effected from 1.1.1996, hence, direction may be issued to revise the pension of the petitioner from the date of revision of pay scale and pay arrears of pension within the fixed time. Learned counsel for the State submits that for the purposes of calculation of leave salary and for revision of pension of the petitioner, the respondent no. 5 may be directed to look into the matter and pass necessary orders. So far as arrears of G.P.F. to be tune of Rs. 24,405 is concerned the petitioner or anybody on his behalf should produce the calculation before the respondent no. 6, District Provident Fund Office, 3 Nawada, who will verify the same and if any amount is found due to the petitioner, he may be directed to release the amount in favour of the petitioner within the fixed time. In view of the rival stand of the respective counsels, this writ application is disposed of with a direction to respondent no. 5, District Animal Husbandary Officer, Nawada to examine the entitlement of the petitioner with regard to leave salary amount for six months and if he finds that the petitioner is entitled for leave salary amount for three months more, he shall pass necessary orders for release of the amount in favour of the petitioner within two months from the receipt/production of a copy of this order. He is also directed to examine payments of the petitioner on the basis of revised pay scale and if necessary pass orders for revision of pension on the basis of revised pay scale with necessary orders for release of his arrears of pension. Necessary sanction order in this regard shall be issued by him to the Accountant General within two months positively from the date of 4 receipt/production of a copy of this order. So far as dues of G.P.F. is concerned respondent no. 6, upon production of the calculation made by the petitioner, by the petitioner or by anybody on his behalf, shall check up the calculation with regard to entitlement of the petitioner of G.P.F. amount and if he finds that the amount as claimed by the petitioner falls due to him he shall release the amount with statutory interest on the same from the date of his retirement till the date of payment, within two months from the date of production of said calculation before him by or on behalf of the petitioner. It is made clear that if the exercise is not completed by the respondent no. 5 within two months from the date of receipt/production of a copy of this order and the admitted amount under the said two heads are not released to the petitioner and the exercise is not completed by the respondent no. 6 within two months from the date of production of the said calculation by on behalf of the petitioner and amount due is not released in his favour with statutory 5 interest, the respondent no. 5 and respondent no. 6 shall be personally liable to pay interest at the rate of 12 percent compoundable quarterly from their own salary on the amount which may fall due to the petitioner till the date the amount is paid to him. Petitioner will be at liberty to mention the matter again after three months if the admitted dues of the petitioner under said three heads are not paid to him. Arvind/ ( J. N. Singh , J. )