IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16361 of 2007 Sri Sakal Dip Prasad Singh, Son of Late Ram Bilash Singh, Resident of Village – Paigambarpur, P.o. – Mauri Via Shankarpur District Patna at present a retired clerk of Ram Singh Yadav High School Paigambarpur, P.O. – Mauri, Via – Shankarpur, District – Patna………. Petitioner Versus 1. The State Of Bihar through the Commissioner-cum-Secretary, Department of Human Resources, Bihar, Patna. 2. The Director Secondary Education, Bihar, Patna. 3. The Commissioner Patna Division, Patna. 4. The District Education Officer, Patna. 5. The Headmaster Ram Lakhan Singh Yadav High School Paigamberpur, P.O. – Mauri Via Shankarpur District – Patna. 6. Treasury Officer, Patna 7. Accountant General Bihar, Beer Chand Patel Path Patna-1. ……….. Respondents ---------------------------------- 3 29/8/2011 Heard Sri Umesh Kumar Verma, learned counsel for the petitioner, Sri Shankar Kumar Chaudhary, learned AC to Standing Counsel No. 4, who appears on behalf of Respondent Nos. 1 to 6/State of Bihar and Sri Binod Kumar Labh, learned counsel appearing on behalf of Respondent No. 7/Accountant General, Bihar, Patna. The petitioner, who retired on 30th June 2004 as ‘Clerk’ from Ram Lakhan Singh Yadav High School, Paigamberpur, Paliganj, District – Patna, has prayed for directing the Respondents to make payment of full pension and gratuity. The writ petition was filed in the year 2007. However, earlier no counter affidavit was filed. Only on 11th August, 2011 counter affidavit was filed on behalf of Respondent/State wherein it was indicated that sanction order for full pension and gratuity has been passed on 8/8/2011 and it was communicated to the Accountant General, Bihar, Patna vide Annexure –D to the counter 2 affidavit. In this case earlier a counter affidavit was filed on behalf of Respondent No. 7/Accountant General, Bihar, Patna wherein it was indicated that sanction order for final pension was not earlier received. However, on instruction Sri Labh submits that service book of the petitioner has not been received in the office of Accountant General, Bihar, Patna, only ‘Annexure-D’ issued by District Programme Officer, Patna has been received indicating sanction for full pension and gratuity in respect of the petitioner. In view of the fact that sanction order for full pension and gratuity in respect of the petitioner has already been received in the office of Accountant General, Bihar, Patna Respondent No. 7/Accountant General, Bihar, Patna, is required to issue authorization without any delay. In paragraph no. 8 of the counter affidavit filed on behalf of Respondent/State, Respondents have accepted that case for grant of ACP to the petitioner and other employees was under process. However, in the meanwhile, service book of the petitioner has been misplaced and as such decision on ACP has not been taken up till date. So far as petitioner is concerned, in view of admitted position, the court is of the opinion that writ petition can be disposed of with a direction to the Respondents, particularly Respondent No. 4 / District Education Officer, Patna, to take all steps in respect of grant of ACP to the petitioner and issue sanction order within a period of two months from the date of 3 receipt/production of a copy of this order. The court expects that Respondent No. 7/Accountant General, Bihar, Patna will issue authorization after receipt of sanction order revising pension of the petitioner within a period of four weeks from the date of receipt of the sanction order. The writ petition stands disposed of. Praful ( Rakesh Kumar, J.)