IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5791 of 2005 SITA RAM SINGH son of Late Buttilal Singh resident of village Kharaihiya P.O. Akbar Nagar P.S. Akbar Nagar District Bhagalpur Versus 1. UNION OF INDIA through its Chairman, Rail Bhawan, New Delhi. 2. S.P.Railway, Maldah Division. 3. D.R.M.Maldah. 4. G.P.F. Officer, Bhagalpur. 5. The State of Bihar. ----------- 7 03.02.2010 Heard Mrs. Pravina Kumari (Rai) learned counsel appearing on behalf of the petitioner and Mr. V.K. Sinha learned counsel appearing on behalf of the Union of India in the Department of Railway. The petitioner who retired from the post of Head constable from the Railway Protection Force with effect from 31.1.2004, filed the writ petition for payment of his post retiral benefits relating to leave encashment, gratuity, G.P.F., arrears of high scale from the date of promotion and for fixation of pension. It is stated that the petitioner was appointed as Constable in Railway Protection Force on 19.12.1964 and was granted promotion to the post of Assistant Sub-Inspector in the year, 2002 but the said promotion was subsequently stayed due to pending departmental 2 proceedings. He finally superannuated from the post of Headconstable with effect from 31.1.2004. The respondents after retirement made a payment of only Rs. 19,000/- towards unutilized salary and nothing else was paid to the petitioner resulting in filing of the present writ petition. A counter affidavit has been filed on behalf of the respondent Railways and its authorities and in paragraph 7 thereof the detail of the retiral dues paid to the petitioner has been mentioned and in support thereof a detailed chart has been enclosed at Annexure-A of the Affidavit. It has been mentioned that the gratuity amount of Rs. 1,18,058/-, Insurance money of Rs. 14,662/-, leave encashment amount of Rs. 20,034/-, monthly pension at the rate of Rs. 2250/- and commuted value of pension to the tune of Rs. 1,05948/- has been paid to the petitioner through the cheques mentioned therein. It has also been made clear that provident fund amount of Rs 92,721/- has been paid to the petitioner vide cheque No. 824604 dated 10.2.2004. It is thus submitted that the entire admissible dues to which the petitioner was found entitled has 3 been paid to him. Learned counsel for the petitioner submits that the amounts disbursed are lesser the amount to which the petitioner is actually entitled. However, having regard to the circumstances that as according to the estimation and calculation of the respondents the entire admissible dues of the petitioner has been paid to him, no fruitful purpose would be served in keeping the writ petition pending. The writ petition thus is disposed of with the liberty to the petitioner if so aggrieved, to file a representation before the Divisional Finance Manager, East Railway, Maldah Division, West Bengal setting out her claim in detail together with supportive documents and calculative details and if the petitioner has been able to make out a case for any further amount against any of the head of the retiral dues then the same should be paid within three months from the date of such representation. Bibhash (Jyoti Saran, J. )