IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7172 of 2010 Umesh Prasad, Son of Late Ram Lal, resident of Mohalla- Adarshnagar, Town, P.S. and District-Samastipur ----Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar,Patna 2. The Secretary, Urban Development Department, Govt. of Bihar,Patna 3. The District Magistrate, Samastipur 4. The Samastipur Municipality ( Nagar Parishad), Samastipur through its Executive Officer 5. The Executive Officer, Samastipur Municipality ( Nagar Parishad), Samastipur 6. The Branch Manager, L.I.C. of India, Samastipur. ---------------- Respondents. ----------- 07 13-01-2011 Heard Sri Abhay Shankar Singh, learned counsel for the petitioner, Sri Durga Nand Jha, learned counsel for Respondent nos.4 and 5 as well as Sri Pawan Kumar, learned A.C. to Government Advocate No.5. The petitioner, who retired as Clerk from Samastipur Municipality (Nagar Parishad), Samastipur w.e.f.31.7.2009, has prayed for directing the Respondent Municipality to make payment of retiral dues. Despite the fact that the petitioner retired on 31.7.2009, his Gratuity, C.P.F. amount and Group Insurance amount has not been paid till date. The petitioner has also made a prayer to direct the Municipality to make payment of arrears of salary. However, no specific averment has been made in the writ application as to what are the dues in respect of arrears of salary. In this case on 28.4.2010, an undertaking was given on behalf of Respondent Samastipur Municipality that all admitted dues 2 of the petitioner shall be paid within a period of two weeks and claims, if any, found not admissible, the same shall be informed to the petitioner by a reasoned order. Learned counsel for the petitioner submits that despite undertaking given before this Court, nothing has been paid to the petitioner. In this case, a counter affidavit has been filed on behalf of Respondent nos.4 and 5 /Municipality enclosing therewith a letter No.317 dated 6.5.2010 addressed to the petitioner, wherein it was indicated that the gratuity amount, remaining amount of C.P.F, which was deducted and not deposited in the Post Office and amount of Group Insurance will be paid to the petitioner. So far Group Insurance amount is concerned, it was stated that after receipt of the same from the L.I.C., it will be paid to the petitioner. Regarding arrears of salary also, it was indicated that the same will be paid within a period of three months. Learned counsel for the petitioner submits that even though the Respondent no.5, Executive Officer had intimated the petitioner for clearing the dues as per letter No.6.5.2010 (Annexure- A/B to the counter affidavit), nothing has been paid to the petitioner. By filing supplementary counter affidavit, the Respondent Municipality had tried to impress upon the court that they are taking steps for clearing the dues. Be that as it may, the fact remains that the petitioner retired on 31.7.2009 and there is no dispute that the petitioner is entitled to get payment of Gratuity amount, C.P.F. amount and 3 group Insurance amount. The writ petition is allowed with a direction to Respondent no.5 to take all steps for clearing all the aforesaid dues of the petitioner with admissible interest within a period of six weeks from the date of receipt/production of a copy of this order. So far as arrears of salary is concerned, the petitioner may file a detailed representation before the Respondent no.2, Executive Officer within a period of six weeks from today. If such representation is filed by the petitioner, Respondent no.5 is directed to examine the same and pass appropriate order for redressal of all grievances of the petitioner within a period of three months from the date of filing of such representation. With the aforesaid observation and direction, the petition stands disposed of. NKS/- ( Rakesh Kumar, J.)