IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9533 of 2005 NARVADESHWAR PRASAD, son of Late Rishishwar Dayal, resident of Village/Mohalla-Khairabad, Police Station-Biharsharif, District Nalanda. ---Petitioner Versus 1. THE STATE OF BIHAR through the Secretary-Cum-Industrial Development Commissioner, Department of Industry, Government of Bihar, Vikash Bhawan, P.S. Sachiwalay Thana, Patna, District Patna. 2. The Bihar State Khadi and Village Industries Board, Mahesh Bhawan, East Gandhi Maidan, P.S. Gandhi Maidan, Patna, District Patna through its Chief Executive Officer. 3. The Chief Executive Officer, Bihar State Khadi and Village Industries Board, Mahesh Bhawan, East Gandhi Maidan, Patna, P.S. Gandhi Maidan, District Patna. 4. The District Khadi and Village Industries Officer, Bihar State Khadi and Village Industries Board, Combined Building, Dhanbad, P.S. Dhanbad Sadar Thana, District Dhanbad. ---Respondents ----------- 8. 6.7.2010 Heard learned counsel for the petitioner and Mr Uma Kant Singh, learned counsel appearing for the respondent-Khadi Board. The only grievance of the petitioner now is with regard to the payment of gratuity. It is submitted that the respondent- Board has paid the gratuity calculating only 33 years of his service whereas the petitioner has served 39 years. Learned counsel for the respondent-Khadi Board submits that 33 years of service was taken into consideration for payment of gratuity on account of the Government instruction. However, the said instruction has now been withdrawn by the State Government vide its letter No.654 dated 11th of February, 2010 as stated in paragraph 6 of the supplementary counter affidavit. It is 2 further submitted that the Khadi Board is re-calculating the amount payable to the employees, including the petitioner, for the length of service they have rendered. After calculating the amount, the Board would be sending a requisition to the State Government for providing the necessary fund and the payment shall be made on receiving the aforesaid fund. Learned counsel for the petitioner submits that the respondent-Board after receiving the aforesaid instruction of the State Government withdrawing the bar of 33 years is making the payment to different employees, which would be appearing from Annexure 10 series and, as such, the Khadi Board should also make the payment to this petitioner after taking into consideration the balance period of his service, which comes to six years only. Considering the submissions of the parties and their respective pleadings, the respondent-Khadi Board is directed to make the balance payment of the gratuity to the petitioner expeditiously, preferably within a period of two months on receipt/production of the certified copy of the present order. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)