IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12789 of 2000 BECHAN SINGH son of Late Ram Japan Singh, resident of village, Usmanchak, P.O.Usmanchak,P.S.Masaurhi, District- Patna.- Petitioner. Versus 1.THE STATE OF BIHAR through the Secretary Department of Health & Family Welfare, Patna 2. Chief Malaria Officer, Govt.of Bihar, Patna 3. Civil Surgeon, Jahanabad 4. District Malaria Officer, Gaya 5. District Malalria Officer, Jehanabad 6. Prabhari Chiktsha Padadhikar, Sadar Prakhand, Jehanabad 7. Accountant General, Bihar, Patna 8. District Provident Fund Officer, Jehanabad, 9. Sr. Accounts Officer, Office of the Accountant General, Bihar, Patna.— Respondents. ----------- For the petitioner : Mr. Manoj Kumar For respondent no.7 : Mr. Rakesh Kumar For the State : S.C.I ------ 5. 30.10.2009. Heard learned counsel for the petitioner, the State and the Accountant General. The petitioner has approached this Court for payment of his retiral benefits having retired from the services of the respondents on 31.12.1997. He has also questioned the validity of the direction of the Accountant General issued vide letter dated 16.12.1998 (Annexure-4) for adjustment of the excess amount on grounds that time bound promotions had been incorrectly given to the petitioner. During the course of this proceeding, a counter affidavit was filed on behalf of the 2 Accountant General on 27.7.2001 and in para-6 and 7 thereof, it has been mentioned that the first Time Bound promotion had been given to the petitioner w.e.f. 1.4.1981 in place of 14.1.1982 and the 2nd Time Bound promotion was given on 27.7.1985 in place of 14.1.1997 and which was against the rules and which was rectified by the Department. A counter affidavit was filed on behalf of respondent no.6 on 20.2.2001 and in para-3 to 5 thereof, the following details of payment made to the petitioner has been given. (i) Group Insurance to the tune of Rs.33,082/- was paid on 12.5.1998, (ii) Unutilised leave salary to the tune of Rs.55,952/- has been paid through Bill No.78/98-99, (iii) Gratuity to the tune of Rs.48,104/- has been paid vide Bill No.66/98-99 dated 11.7.1998, (iv) Pension payment order has been issued by Accountant General, Bihar, Patna vide Memo No.18433 dated 6.12.2000, (v) Bonus amount to the tune of Rs.2,016/- has been prepared and encashed for payment to 3 the petitioner, (vi) G.P.F amount to the tune of Rs.1,34,157/0 has been prepared vide Bill No.123/2001 and sent to Treasury for encashment and payment to the petitioner. Thus, a submission was made that the entire admissible dues of the petitioner has been made and that if anything remains pending, he may approach the authority concerned. A counter affidavit was also filed on behalf of respondent no.8, the District Provident Officer on 20.2.2001 in which it has been mentioned that final withdrawal of the G.P.F. amount for the period 1982-83 to 1996-97 with up to date interest has been issued. It is also mentioned therein that due to non-availability of balance of G.P.F, up to 1981-82, necessary authorisation could not be made. Although the said affidavits were filed as back as in the year 2001, but learned counsel appearing on behalf of the petitioner submits that he has not received any instructions regarding the correctness or incorrectness of the statements made therein. In that view of the matter, no fruitful 4 purpose would be served in keeping this matter pending in view of the fact that the entire admissible dues except the amount with regard to G.P.F for the period up to 1981-82 has been made over to the petitioner. This writ petition is thus disposed of with liberty to the petitioner to raise his grievance before the authority concerned in regard to the amount of G.P.F for the period prior to 1981-82 or any other dues, if the same has not yet been paid and upon filing of the said representation within four weeks from today, the authorities concerned would be obliged to dispose of the same within a period of three months of the filing of such representation and if any due is found payable to the petitioner then the same may be paid within four weeks thereafter along with statutory interest. This writ application is disposed of with the direction aforesaid. ahk (Jyoti Saran,J.)