RAJ KISHOR SHARMA SON OF LATE RAM SHARAN SHARMA Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR HAVING ITS OFFICE IN THE OLD SECRETARIAT

JUDGEMENT

(1.) PRESENT application has been filed for payment of statutory and penal interest on the leave encashment amount authorized and paid in favour of the petitioner belatedly.

(2.) BACKGROUND facts of the case are as under:- Petitioner served the Government in the Department of Secondary Education as Headmaster of a High School and superannuated with effect from 30.9.2000. There is no controversy that soon thereafter he was paid the entire post retiral dues excepting the leave encashment amount. It is the case of the petitioner that well before retirement he requested the office of the Accountant General for calculation of his leave account. The Accountant General by a communication dated 6.2.2001 (Annexure-3) requested the Government as also the petitioner to provide certificate showing that he actually worked for 11 days in the year 1987. Petitioner by a communication dated 26.3.2001 (Annexure-4) provided necessary certificate. By a communication dated 6.3.2002 (Annexure-5) the Accountant General requested the Government to accord necessary sanction for payment of 212 days of unutilized leave in the account of the petitioner. Even thereafter the same was not being paid and authorized. Petitioner served a legal notice which failed to yield result leading to filing of CWJC No. 12009 of 2005 raising a grievance that he should be paid the leave encashment amount through Patna Treasury only. This Court on consideration of materials brought on record by way of counter affidavit found that upon receipt of the order of sanction issued by the Government the Accountant General had already issued authority slip in favour of the petitioner on 23.9.2005 and accordingly the said application was disposed of by the following observation:-