IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10426 of 2001 BINDESHWAR PRASAD SINGH, SON OF LATE PARMESHWAR SINGH, RESIDENT OF VILLAGE MAKSUDPUR, P.S. WARISNAGAR, DISTRICT SAMASTIPUR…….....PETITIOENR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COLLECTOR, SAMASTIPUR 3. THE DISTRICT EDUCATION OFFICER, SAMASTIPUR HAVING HIS OFFICE AT SAMASTIPUR, DISTRICT SAMASTIPUR 4. THE HEADMISTRESS OF S.S. HIGH SCHOOL, MUKTAPUR (SAMASTIPUR), P.S. KALYANPUR, DISTRICT SAMASTIPUR 5. THE DISTRICT PROVIDENT FUND OFFICER, SAMASTIPUR 6. THE ACCOUNTANT GENERAL, BIHAR, PATNA…………………………………………………………………….……RESPONDENTS ----------- 6. 23.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This writ application has been filed by the petitioner for direction to the respondents to accept voluntary retirement of the petitioner with effect from 31.3.2001, the date on which the petitioner had applied for the same. From the record it appears that the application of the petitioner was allowed by order dated 9.6.2001 as contained in Annexure-10 and his voluntary retirement was made effective from the date of issue of that order. By order dated 27.9.2001 passed in this application, respondents were directed to process and settle the retirement dues of the petitioner, - 2 - in the light of Annexure-10, taking the date of retirement of the petitioner as 9.6.2001 and to offer the same to him within ten weeks from the date of receipt/production of a copy of the order before the District Education Officer, Samastipur. A counter affidavit has been filed by the District Education Officer, Samastipur. In the counter affidavit it is stated that after submission of the application, the petitioner himself absented from his duty without any formal order being passed on his application. However, nothing has been said in the counter affidavit of the District Education Officer with regard to payment of retiral dues to the petitioner treating his retirement with effect from 9.6.2001. Another counter affidavit has been filed by the District Provident Fund Officer, Samastipur in which it is stated that provident fund dues of the petitioner has been released. Learned counsel for the petitioner submits that the writ application may be disposed of directing the respondents to calculate and pay the post retiral dues of the petitioner taking - 3 - his retirement date as 9.6.2001. He submits that as he has no instructions from the petitioner, he is not in position to inform this Court as to whether payment of the petitioner has been made in his favour by now or not. In the circumstances, this writ application is disposed of with direction to the respondents to calculate and pay the post retiral dues of the petitioner taking his date of retirement as 9.6.2001 in view of Annexure-10 and pay the same, in case the same has not been paid to the petitioner, within a period of three month from the date of receipt/production of a copy of this order. The application is, accordingly, disposed of. B.T (J.N. Singh, J.)