IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4042 of 2005 RAM SUNDER MAHTO, son of late Soman Mahto, resident of Village – Ksushiyari, P.S. Chakmehshi, District – Samastipur. Versus 1. THE STATE OF BIHAR 2. Accountant General, Bihar, Patna. 3. Director Primary Education, Bihar, Patna. 4. Collector, Samastipur. 5. District Education Officer, Samastipur. 6. Area Education Officer, Rosera, Samastipur. 7. Treasury Officer, Samastipur. 8. Head Master, Basic School Somraha, Samastipur. ----------- 04. 17.03.2009 Petitioner superannuated on 31.1.1987 as a Headmaster of Basic School, Somraha, in the district of Samastipur. Post retirement only his provisional pension and gratuity was sanctioned but his retiral dues has not been finalized in so many years which finally compelled him to file the present writ application. Respondent State was directed to file counter affidavit and explain as to why more than two decades have passed and the necessary authorization has not been made in favour of the petitioner. For non authorization of final pension and gratuity the State has taken stand that the petitioner was the Headmaster and was also drawing & disbursing officer. He was the custodian of the service book and the service book of the petitioner is reported to have gone on missing, that has prevented the authority from authorizing final pension and gratuity. They have also stated that they have sought cooperation from the petitioner to facilitate reconstruction of the service book but there is lack of cooperation on the part of the petitioner. Learned counsel for the petitioner thereafter submits that in the counter affidavit itself they have brought on record Annexure-A. - 2 - The basic facts have been furnished by the petitioner to the District Education Officer, Samastipur. Not only this, the petitioner was granted promotion by the State Government by virtue of a notification contained in annexure-2 which is dated 4th February, 1988. All these matters should be considered by the respondents and service book ought to be reconstructed and authorization should be made in favour of the petitioner. Waiting for the service book has not helped the matter for more than 20 years. It is desirable that since the provisional pension and gratuity has already been authorized in favour of the petitioner, the District Education Officer, Samastipur should endeavour to reconstruct the service book based on the inputs provided by the petioner in his application (Annexure-A) before him as well as the present writ application and recommend authorization of final pension and gratuity in favour of the petitioner. The Court expects that the exercise in this regard must be completed within a period of four months from the date of communication / production of a copy of this order. The writ application stands disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)