IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11901 of 2009 DR.YADUBIR SHARAN ( RETD. A.C.M.O., B.H.S.) SON OF LATE LAXMIDHAR PRASAD, RESIDENT OF NORTH PATEL NAGAR, P.O. KESARI NAGAR, P.S. PATLIPUTRA, DISTRICT PATNA. . Versus 1. THE STATE OF BIHAR 2. THE HEALTH COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DIRECTOR-IN-CHIEF, BIHAR HEALTH SERVICES, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE DIRECTOR, BIHAR HEALTH SERVICES ( ADMINISTRATION), GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 5. THE DEPUTY DIRECTOR, BIHAR HEALTH SERVICES ( ADMINISTRATION) GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 6. THE PRINCIPAL ACCOUNTANT GENERAL, BIHAR, PATNA. 7. THE ACCOUNTANT GENERAL ( A & E)- II BIHAR, PATNA. 8. THE DIRECTOR GENERAL PROVIDENT FUND ( G.P.F.) DIRECTORATE, FINANCE DEPARTMENT, GOVT. OF BIHAR, PANT BHAWAN, PATNA. 9. THE STATE OF JHARKHAND THROUGH HEALTH COMMISSIONER, RANCHI. 10. THE DISTRICT PROVIDENT FUND OFFICER, GUMLA, JHARKHAND. ----------- 7/ 11.03.2010 As prayed for, learned counsel for the petitioner is permitted to make necessary correction in the figure of the amount as stated in paragraph- 14 at page 13 of the writ petition. A reply of the counter-affidavit, which was filed earlier on behalf of respondent no.10, has been filed on behalf of the petitioner. Let it be kept on record. Heard learned counsel appearing for the petitioner, learned counsel appearing for the State of Jharkhand, State of Bihar and the Accountant General. - 2 - The grievance of the petitioner is that although he was superannuated on 29th of February, 1996 from the post of Additional Chief Medical Officer, Gumla , still the entire retiral dues has not been fully settled. Learned counsel for the petitioner submits that even the pension of the petitioner to the extent of 10% has been withheld without being valid justification as the petitioner has not been communicated any departmental proceeding or the criminal proceeding. In addition to the above, it is further submitted that the entire gratuity has remained unpaid; besides the G.P.F. and leave encashment which has not been fully paid as also arrears of salary. Learned counsel for the petitioner further submits that the admissible payments, after his promotion, made after a good delay without payment of statutory interest. Mr. N.N.Ojha, learned counsel appearing for the State of Jharkhand, states that as of today no liability exists against the State of Jharkhand. Learned counsel appearing on behalf of the State of Bihar submits that the claim of the petitioner, with regard to payment of gratuity or any other dues, including the leave encashment as well as the claim of the petitioner that 10% of the pension has been withheld shall be considered as also the claim for interest. In the above circumstances, learned counsel for - 3 - the petitioner submits that for the expeditious disposal of the pending claim highlighted in this writ petition, petitioner shall file a representation stating distinctly unsettled claim, as also the copy of the relevant documents in support of such claim before respondent no.3 with a copy to respondent no.4 within a period of six weeks along with the certified copy of the present order. In case such representation is filed the claim of the petitioner, raised in the representation, shall be considered in accordance with law expeditiously, preferably within a period of four months on receipt of such representation so that grievance could be settled at the earliest and the admitted dues, if any, could also be paid with statutory interest as per the rule. However, upon consideration of the representation if the claims or part of the claim are found not admissible, the petitioner shall be informed with the reasons thereof by registered post. With the aforesaid observation/ direction, this writ petition stands disposed of. ( Shailesh Kumar Sinha, J ) BTiwary/