JUDGMENT : 1. Heard learned counsel for the petitioner and the State. 2. The petitioner has moved the Court for the following reliefs: “That this writ application is being filed for issuance of a writ in the nature of mandamus or any other appropriate writ/writs, direction/directions commanding the respondents to release the full amount of gratuity and leave encashment payable to the petitioner who superannuated from his regular service with effect from 31.12.2015, while holding the substantive post of Executive Engineer in the Department.” 3. In the earlier order dated 18.01.2018, the Court had held that till the pendency of departmental and judicial proceeding, no Gratuity is payable and provisional pension is only payable. Moreover, in the departmental proceeding, withholding of 10% of pension order has been passed. 4. In view of the aforesaid, the Court cannot pass any order with regard to payment of either full pension or Gratuity for the reasons recorded in the order dated 18.01.2018. 5. However, with regard to Leave Encashment, learned counsel for the State has relied upon the circular of the State Government to this effect bearing No. 4564 dated 06.07.1993 of the Finance Department. This Court had occasion to deal with the said circular in C.W.J.C. No. 11926 of 2016 in the case of Ashok Kumar Jha vs. The State of Bihar and Ors. and by order dated 02.01.2018 had held that the circular can neither override or add to the existing statutory provision of the Bihar Pension Rules, 1950 and accordingly, payment/encashment of unutilized leave was directed to be made. 6. Learned counsel for the State has not been able to show any ground for the Court to take a different view in the matter. 7. Accordingly, adopting the reasons recorded in the order dated 02.01.2018 in the case of Ashok Kumar Jha (supra), the writ petition stands disposed off holding the petitioner entitled to payment/encashment of his unutilized earned leave. The same be paid to him within four weeks from the date of production of a copy of this order before the respondent no.1.