IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13235 of 2007 Ram Ekbal Thakur, Son of Late Sitaram Thakur, Resident of Village Pan Bigha, P.O. Banbhai, P.S. Karapi, District Arawal. ... ... Petitioner. Versus 1. The State Of Bihar 2. The Chairman, Bihar State Electricity Board, Patna. 3. The Secretary, Bihar State Electricity Board, Patna. 4. The Deputy Director, Accounts (Secretariat), Bihar State Electricity Board, Patna. 5. The General Manager Cum Chief Engineer, Central Electric Supply Area,-8, Surpantine Road, Patna. 6. The Deputy Personal Director, Central Electric Supply Area, Patna. ... ... Respondents. ----------- 15. 27.7.2011. In this case, by way of filing an Interlocutory Application vide I.A. No.4717 of 2008, the petitioner has prayed for amending the writ petition by way of making prayer for quashing of order dated 29.1.2008 passed by General Manager-cum- Chief Engineer, Central Electric Supply Area, Patna and also for quashing of order dated 12.6.2008 issued by the Deputy Director of Accounts, Central Bihar Regional Electricity Board, Patna. By order dated 29.1.2008, after noticing the fact that as per date of birth, he was required to retire with effect from 30.4.2002, in 2008, order was passed for retiring the petitioner with effect from 30.4.2002. It 2 further appears that some allegation was made against the petitioner in the order dated 29.1.2008. Similarly, vide Annexure- 2, direction was issued to amend relevant pensionery benefits. The present writ petition was initially filed with a prayer to direct the respondents to make payment of retiral dues to the petitioner. In this case, two counter affidavits were filed on behalf of the respondent/Bihar State Electricity Board. On perusal of counter affidavits, it appears that a departmental proceeding was initiated against the petitioner and keeping in view departmental proceeding, provisional pension was authorized. However, amount of gratuity and leave encashment have been with held. As per counter affidavit, it is evident that departmental proceeding was initiated and same is pending. Accordingly, it would not be appropriate for this Court to allow the amendment petition. Accordingly, the writ petition stands disposed of granting liberty to the 3 petitioner to file appropriate writ petition so far the matter relating to departmental proceeding is concerned. It will be open to the petitioner to claim for leave encashment and gratuity after the matter relating to departmental proceeding is decided. The writ petition stands disposed of with liberty as indicated above. N.H./ ( Rakesh Kumar,J.)