IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12892 of 2005 Daya Shankar Jha s/o late Bhudeo Jha retired Head Clerk, Nagar Panchayat Birpur presently residing at village and PO Sukhpur P.S. and Dist. Supaul. Petitioner Versus 1. The State of Bihar through the Secretary, Urban Development department, Govt. of Bihar, Patna 2. The Secretary, Urban Development department, Govt. of Bihar, Patna 3. The District Magistrate, Supaul 4. The Chairman, Nagar Panchayat Birpur Dist. Supaul. 5. The Executive Officer, Nagar Panchayat Birpur Dist. Supaul. Respondents ----------- 03/ 10.05.2010 Heard Mr Pramod Kumar who appears on behalf of Mr Pramod Mishra, learned counsel for the petitioner and Mr Girijesh Kumar, learned Assistant Counsel to learned Additional Advocate General III. There is no representation on behalf of respondent nos. 4 and 5 i.e. the Chairman and the Executive Officer, Nagar Panchayat Birpur District Supaul. The petitioner superannuated as Head clerk with effect from 31.12.2002 while serving Nagar Panchayat Birpur Dist. Supaul. Upon non-payment of his post retiral benefit, he represented before the Executive Officer on 18.02.2003(Annexure 1) for payment of his dues but met with no response. In the circumstances the petitioner filed the writ petition in question for payment of the following reliefs:- i) Rest of Gratuity amount with dearness allowance ii) Amount of Provident fund iii) Group Insurance amount and iv) Unutilized leave encashment. Despite the matter having remained pending before this court for the last five years, neither there is any affidavit on behalf - 2 - of the respondent- Nagar Panchayat Birpur or the respondent- State nor there is any representation on behalf of respondent nos. 4 and 5. Mr Girijesh Kumar learned counsel appearing for the State submits that payments have to be made by the Nagar Panchayat Birpur. Having regard to the facts and circumstances that the matter has remained pending for the last five years and the petitioner having superannuated as back as on 31.12.2002 is yet awaiting payment of his post retiral benefits as set out in the writ petition and also taken note of in this order, the writ petition is disposed of with a direction to respondent no.5, Executive Officer, Nagar Panchayat Birpur District Supaul to make payment of post retiral due and other dues of the petitioner as found admissible and yet not paid, together with admissible interest thereon within a period of three months from the date of receipt/production of a copy of this order. shahid (Jyoti Saran , J)