IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6964 of 1997 BIJAY KUMAR, LATE MITHILA SHARAN SINHA, R/O MOHALLA NAGAT NARAYAN ROAD, KADAMKUAN PATNA 3. ...........PETITIONER. Versus 1.THE STATE OF BIHAR. 2.EXECUTIVE ENGINEER, PLANNING AND MONITORING DIVISION, IRRIGATION DEPARTMENT, ANISHABAD, PATNA-3. ............RESPONDENTS. ----------- 04/ 16.05.2011 Having heard counsel for the petitioner and counsel for the State as with regard to the following relief:- 'That by this writ application the petitioner craves indulgence of this Hon'ble Court for isuance of writ in the nature of mandamus for directing and commanding the respondent authority to sanction annual increment in the pay scale of the petitioner which has not been sanctioned and paid to the petitioner after 05.12.1991 by the respondent authority and further for directing the concerned respondent authority to sanction casual leave of the petitioner from 17.02.97 to 18.02.97. and the specific stand of the respondents in paragraph no. 8 that he had not passed the Departmental Accounts Examination till the year 1997 and that he could pass only such examination on 15.02.1997 this Court does not find any illegality in not making payment of increments for the period, the petitioner had not fulfilled the requirement as per the Government rules and circulars. It however must be made clear that since the petitioner has passed the Departmental 2 Accounts Examination on 15.02.1997 and therefore if the increments of the petitioner has not been released from that date i.e. 15.2.1997 the same must be released forthwith. If however, there be any other reason for not granting the petitioner to arrears of increment w.e.f. 15.2.1997 the authorities will be under an obligation to pass a speaking order and communicate the same to the petitioner. The respondents however will not release the increments of the petitioner prior to his passing of his examination as the same is inadmissible and not payable to him. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)