IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5007 of 2010 GORAKH NATH SHARMA son of late Binda Prasad, Resident of Sri Nagar, North of A.G.Colony, P.S.- Shashtri Nagar, Dist.-Patna. …….. …….Petitioner Versus 1.THE STATE OF BIHAR through Principal Secretary, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna 2.Finance Commissioner, Finance Department, Old Secretariat, P.S.-Sachivalaya, Dist.-Patna 3.Engineer-in-Chief, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna 4.Managing Director, Bihar Rajya Pool Nirman Nigam, Bihar, Patna 5.Deputy Secretary, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna 6.Director, Provident Fund, Pant Bhawan, Bailey Road, Patna 7.District Provident Officer, Katihar 8.The Accountant General (A&E), Virchand Patel Path. …….. …….Respondents. ----------- 7. 5.1.2011. Heard Mr.Rupak Kumar, learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner, while invoking writ jurisdiction of this court, has prayed for directing the respondents to pay remaining 10% amount of pension, full gratuity, leave encashment. The petitioner, while posted as Junior Engineer in the Road Construction Department, has superannuated on 31.1.2004. After his retirement 90% of the pension was paid to him and his 10% amount of pension was withheld and he was no paid amount of gratuity and amount of leave encashment. In the present case a counter affidavit has been filed on behalf of the respondent-State. In paragraph-14 of the counter affidavit it has been stated that on serious allegation a departmental 2 proceeding was initiated against the petitioner under Rule 43(B) of the Bihar Pension Rules. It was submitted by learned counsel for the petitioner that earlier the petitioner, against the initiation of the departmental proceeding, had filed a writ petition bearing C.W.J.C. No.4970 of 2010 and a Bench of this court has quashed the entire departmental proceeding against him and held that the petitioner was entitled to all consequential benefits in accordance with law. Accordingly, by order dated 2.12.2010 record of C.W.J.C. No.4970 of 2010 was called for and examined. In view of the fact that the departmental proceeding which was initiated against the petitioner has already been quashed by this court, there is no reason to for not clearing the claim of the petitioner. Accordingly, the petitioner is entitled to get remaining 10% amount of pension, amount of full gratuity and leave encashment. The writ petition is allowed with a direction to the respondents particularly the respondent no.3 to clear all the aforesaid dues within a period of two months from the date of receipt/production of a copy of this order. Since the petitioner was given 1st and 2nd A.C.P. after his retirement with effect from 9.8.1999, he will be entitled to get benefit in accordance with law. It goes without saying that the petitioner will be entitled to get admissible interest on delayed payment. Md.S. ( Rakesh Kumar, J.)