IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1770 of 2009 ISHWARI PRASAD Versus THE BIHAR STATE ELECTRICITY BOARD & ORS. ----------- 2 4/2/2009 Heard counsel for the petitioner and counsel for the Bihar State Electricity Board. There is no dispute that the petitioner has retired on 31.5.2008 while working on the post of Accountant in the Electric Supply Circle, Nalanda. There is also no dispute that the petitioner was sanctioned 90% of his provisional pension without disclosing therein either with regard to pendency of the departmental proceeding or criminal proceeding. Obviously, the Board was, therefore, required to pay all the retirement benefits to the petitioner as there was no departmental proceeding or criminal proceeding pending against him. Grievance of the petitioner is that though certain sanction order has also been issued as with regard to payment of G.P.F, G.S.S and leave encashment by the concerned controlling authority but actual payment has not been made to the 2 petitioner on account of non release of funds by the Board headquarters. This Court would find that payment of retirement benefit of any employee of the Board cannot be stopped and the admitted dues have to be paid. That being so, this Court would direct the Secretary of the Board to look into grievance of the petitioner and pass an appropriate order directing the authorities to pay the admitted amount of the petitioner within a period of three months from the date of receipt/production of a copy of this order, strictly in keeping with the decision of the Board and by following the date of retirement to be the sole criteria for payment of all or any of the admitted retirement dues of each and every retired officer/employee of the Board. To expedite the matter the petitioner is directed to file a copy of this order along with representation with full claim of his post retirement benefit, whereafter, the Secretary to the Board must pass an order and ensure compliance thereof in accordance with the order as 3 indicated above. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar