Jeev Nath Choudhary v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17855 of 2016 ====================================================== Jeev Nath Choudhary .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratan Kumar Kumar For the Respondent/s : Mr. Mankeshwar Tiwari, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2017 Heard Mr. Ratan Kumar Kumar, learned counsel for the petitioner and AC to AAG 3 for the respondent State.

The present writ application has been filed for issuance of a direction to the respondent authorities for payment of Earned Leave encashment amount to the tune of Rs.7,78,330/- and the amount accrued on account of third ACP.

It is submitted by learned counsel for the petitioner that in paragraph nos. 6 and 7 of the counter affidavit, it has been stated that the amount of Earned Leave encashment has been paid and the third ACP has already been approved. Paragraph nos. 6 and 7 of the counter

Patna High Court CWJC No.17855 of 2016 (3) dt.20-07-2017 2/3 affidavit read as follows:

"6. That respondent no.4 vide office order no.920 dated 28.12.2016 has sanctioned the earned leave for 300 days and for the same amount of Rs.778330/- has already been paid vide bill no.236/16-17.

7. That with regard to dues with respect to IIIrd ACP it is humbly stated that the same has been sanctioned by Public Health Engineering Department vide office order No.2/Pro-2-101/14-188 dated 26.8.2016 and now the matter is pending for issue of pay slip by P.C.F.C. department of finance (Personal Claim Cell) Govt. of Bihar."

In view of the above stand of the respondents in the counter affidavit, learned counsel for the petitioner prays for disposal of the writ application with liberty to the petitioner to claim interest over the delayed payment of earned leave encashment amount and the respondents be directed to issue pay slip with regard to the ACP within three weeks.

This writ application is disposed of with liberty to the petitioner to file representation with regard to his

Patna High Court CWJC No.17855 of 2016 (3) dt.20-07-2017 3/3 claim for interest over the delayed payment and it is expected from the respondent authorities to issue pay slip with regard to third ACP of the petitioner within six weeks from the date of filing such representation.

(Dinesh Kumar Singh, J) Anil/- U