IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8258 of 2005 Binod Kumar, Son of Late Bhagwan Sharma, resident of Gyan Bhawan, Idgah Road, P.O. Gulzarbagh, P.S. Alamganj, District-Patna -------------- Petitioner Versus 1. THE STATE OF BIHAR through Secretary-cum- Commissioner, Department of Health, Bihar,Patna 2. The Under Secretary, Department of Health, Govt. of Bihar,Patna 3. The Drug Controller, Govt. of Bihar,Patna 4. The Civil Surgeon, Kishanganj 5. The Director, Provident Fund Directorate, Pant Bhawan, Govt. of Bihar,Patna 6. The District Provident Fund Officer, Madhubani 7. The District Provident Fund Officer, Kishanganj ------------- Respondents ----------- 10 08-12-2010 Heard Sri Rashid Izhar, learned counsel for the petitioner and Sri Pawan Kumar, learned A.C. to G.P.14. The present writ petition was initially filed for direction to make payment of the entire retiral dues to the petitioner. However, during the pendency of this writ application, in view of the order dated 19.2.2010 passed by this court, major grievance of the petitioner was already redressed and thereafter counter affidavit was filed on behalf of the respondents to this effect. Subsequently, the petitioner by way of filing rejoinder has prayed for directing the respondents for clearing other dues, which has been enumerated in paragraph-6 of the rejoinder of the petitioner to the counter affidavit on 22.3.2010, which is as follows: “6.That after perusal of the aforesaid letter, still some dues are left to be paid to the petitioner by the Respondents which are stated herein below:- (i) Respondents have not supplied the calculation 2 chart/ statement of G.P.F. thus it is not clear that the entire amount in the head of G.P.F. is paid to the petitioner. (ii) Respondent have not revised the pay of the petitioner in terms of 5th pay Commission’s recommendation with effect from 1.1.1996 and paid the differential amount of pay on account of this head. (iii) Respondent have also not paid the salary for the period 25.1.2003 to 17.10.2003 and for this period by the order Annexure-A of the counter affidavit only subsistence allowance was granted but by order issued vide Memo No.1505 (15) dated 25.9.2007, the Government has already exonerated the petitioner from all the charges and as such the Respondents are under obligation to pay the full salary for the aforesaid period.” The relief sought for in the rejoinder of the petitioner dated 22.3.2010 was controverted by the Respondent Department by way of filing further counter affidavit dated 12.8.2010. So far as the grievance of the petitioner for payment of due salary for the period from 18.10.2003 to 8.7.2004 is concerned, it has been categorically stated by the respondents that in a departmental proceeding , the said period was treated as extraordinary leave and , as such, the petitioner was not entitled for the same. However with consent of the parties, the writ petition is being disposed of with liberty to the petitioner to file a detailed representation before the respondent no.3 within a period of six weeks from today. If such representation is filed, Respondent no.3 is required to examine the same and if he finds claim of the 3 petitioner as genuine, he will pass appropriate order within a period of three months from the date of filing of such representation for release of the claimed amount. In case of refusal to grant relief to the petitioner, respondent no.3 is directed to pass a speaking order within the aforesaid period. With the above observation and direction, the petition stands disposed of. NKS/- ( Rakesh Kumar, J.)