IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17381 of 2011 Mahendra Sharma, Son of Late Dirju Sharma, Resident of Village and Post Office – Kanap, P.S. – Doudnagar, District – Aurangabad. -------------- Petitioner Versus 1. The State Of Bihar 2. The Principle Secretary, Rural Work Department, Bihar, Patna. 3. The Engineer-in-chief cum Additional Secretary, Rural Work Department, Bihar, Patna. 4. The Joint Secretary, Rural Work Department, Bihar, Patna. 5. The Chief Engineer, Bhagalpur, Rural Work Department, Harding Road, Barrack No. 2, Patna. 6. The Superintending Engineer, Rural Work Department, Work Circle – 2, Munger. 7. The Executive Engineer, Rural Work Department, Work Division -2, Jamui. 8. The Treasury Officer, Aurangabad. 9. The Sub Treasury Officer, Doudnagar, Aurangabad. 10. The Accountant General (A&E), Bihar, Patna. ----------- Respondents ---------------------------------- 3 29.09.2011 Heard Sri Arun Kumar, learned counsel for the petitioner, Sri Shashank Shekhar Jha, learned AC to Government Pleader No. 22, who appears on behalf of respondent no. 1 to 9 and learned counsel appearing on behalf of respondent no. 10/Accountant General (A&E), Bihar, Patna. The petitioner, who retired with effect from 31.01.2009 as ‘Driver’ from Rural Work Department, Work Division No. 2, Jamui, has prayed for directing the respondents to pay the amount of pension, gratuity and commutation of pension in the light of authorization issued by the Accountant General (A&E), Bihar, Patna vide ‘Annexure-3’ series to the writ petition. It was submitted by learned counsel for the petitioner that authorization under the aforesaid heads was made long back in the month of November, 2010. However, till date, such amounts 2 have not been transmitted to the account (A/c) of the petitioner and payment has not been made. Learned counsel for the State while referring to ‘Annexure -2’ to the writ petition submits that before the date of retirement the petitioner was asked to get ‘No Dues Certificate’ and submit the same. The order was issued by the Executive Engineer, Rural Work Department, Work Division No. 2, Jamui. It was submitted that it appears that in absence of ‘No Dues Certificate’ payment has not been made till date. Learned counsel for the respondent No. 10/Accountant General (A&E) Bihar, Patna, submits that if within one year from the date of authorization the amount is not credited to the account (A/c) of the petitioner, there is every likelihood that authorization will require revalidation. In view of the fact that the petitioner is a Class IV employee and retired long back in the year 2009 and authorization for pension, gratuity and commutation of pension was already made by the respondent no. 10/Accountant General (A&E), Bihar, Patna, the court is of the opinion that respondent/State authority cannot sit tight over the matter for such a long time. Accordingly, the writ petition stands allowed with a direction to the respondents particularly the respondent no. 7, 8 & 9, to make payment of the amount as per authorization issued by the Accountant General (A&E), Bihar, Patna vide ‘Annexure – 3’ series to the writ petition within a period of six weeks from the date of receipt/production of a 3 copy of this order. So far claim of revision of pension is concerned, the petitioner is granted liberty to file a fresh representation before the respondent no. 7 & 10 within a period of six weeks from today. If such representation is filed, both the aforesaid respondents are required to examine the same and pass appropriate order in accordance with law within a period of three months from the date of filing of such representation. The petitioner shall also be entitled to get admissible statutory interest on delayed payment. With above observations and directions, the writ petition stands allowed. Praful ( Rakesh Kumar, J.)