IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1050 of 2008 Dr.Gayatri Sinha, W/o- Sri Ram Sarowar Prasad Singh, resident of village & P.O.- Yogiara, via-Anandpur, District- Darbhanga. …….. Petitioner. VERSUS 1. The State of Bihar. 2. The Director, Secondary Education, Bihar, Patna. 3. The District Education Officer, Samastipur. 4. Sri Raj Mukul, the then District Education Officer, Samastipur at present working and posted as the Regional Deputy Director of Education, Munger, District-Munger. 5. Sri Murari Prasad Sharma I/C, Headmaster, Project balika Uchcha Vidyalaya Chak Salempur, Patori, Samastipur. 6. The Accountant General, Bihar, Patna. 7. The District Provident Fund Officer, Samastipur. 8. The Treasury Officer, Samastipur. ----------- Counsel for the Petitioner : Mr. Krishna Murari. Mr. Harish Kumar. Counsel for the State : Mr. S.S. Mishra. ------------- 02 19.02.2009 The petitioner retired as a Headmistress on 31.07.2006 from the Project Balika Uchcha Vidyalaya, Chak Salem, Patori, Samastipur. On the date of her superannuation she had handed over charge without any reservation by any person, which is evident from Annexure-3. Thereafter, when the matter of payment of retiral dues came up she was made to run pillar to post and ultimately being fed up she filed this writ petition in January, 2008 claiming her retiral dues. A counter affidavit has been filed to day sworn by the District Education Officer, Samastipur, who has also respondent no. 3 in the present writ petition. A perusal of the counter affidavit depicts an extremely sorry state of affairs. Probably, the District Education Officer thinks that he will never retire. He fails to appreciate the difficulties of a retired person and acts in a very casual manner towards claim of retiral - 2 - dues. He would appreciate the circumstances once he retires and he is meted with the same treatment. I say no further. From the counter affidavit, it is clear that group insurance paid to the petitioner before the writ petition was filed, the letter from the office demanding no dues certificate is of 24.01.2008 (after the writ petition was filed), 90% provisional pension was similarly sanctioned on 21.01.2008 (after writ petition was filed), similarly payment of gratuity of 90% and 90% pension sanctioned and ordered to be paid vide letter dated 07.07.2008 (six months after the writ petition was filed), letters have been written to the Treasury Officer, Samastipur to take necessary steps for payment etc. on 11.09.2008 (nine months after the writ petition was filed) and what is now stated is that the District Education Officer and Sub-divisional Education Officer as well as the Headmaster (Incharge) of the school presently have written letter on 28.01.2008 (after the writ petition was filed) that a clear no dues certificate cannot be given because of certain reasons, as stated therein. Admittedly, there is no such communication ever made before, much less within the last two years since retirement of the Headmistress. The charge handover certificate at the time of superannuation of the petitioner, as appended as Annexure-3 to the writ petition makes no mention of any of those things, which were still with the petitioner. It is obviously an after thought being created to justify the delay in payment of retiral dues and denial of full retiral dues. In view of the aforesaid, I direct that within one month of production of a copy of this order before the District Education - 3 - Officer, Samastipur full retiral dues including leave encashment should be paid to the petitioner, not merely sanctioned for payment and it shall be his responsibility to ensure the disbursement thereto. If there is any further delay then the same would have to be paid to the petitioner along with interest @ 12% per annum, which the State would be free to realize from the official concerned for the delay. The writ petition is accordingly disposed of. Trivedi/ (Navaniti Prasad Singh, J.)