IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3162 of 2006 TRIPURARI SAHAY . Versus THE STATE OF BIHAR & ORS . ----------- 3 10.05.2010 Heard learned counsel for the parties. The petitioner superannuated from the post of Assistant Engineer in the Department of Rural Engineering Organization while posted under the Zila Parishad, Madhubani on 28.2.2003. Although the petitioner received his other post retiral benefits but the gratuity amount was not paid to him. It was in these circumstances that the writ petition was filed and which has remained pending. The only reason assigned by the Accountant General in the letter enclosed at Annexure-1 dated 18.10.2004 is non receipt of the service book of the petitioner. On this pretext the gratuity amount of the petitioner has remained pending since the last seven years. Learned counsel for the petitioner with reference to a letter dated 31.12.2004 of the Under Secretary, Finance Department placed at Annexure-5/A submits that the service book of the petitioner in two parts had been 2 forwarded to the Accountant General along with the said letter. Mr. L.P.K. Rajgrihar, learned counsel for the Accountant General with reference to a letter of the Accounts Officer dated 3.8.2005 (Annexure-4) submits that the service book was never received in the office of the Accountant General and for which the Under Secretary was again requested. He submits that although the service particulars are available with the Accountant General but in absence of the service book the same has not been authorized. It is rather peculiar to say the least, that on the very service particulars that the Accountant General has authorized the pension of the petitioner but for the authorization of the gratuity a pretext of absence of service book, has been taken. I do not see any impediment in authorization of the gratuity to the petitioner once the service particulars is available with the Accountant General. Having regard to the circumstances aforesaid and considering the fact that the petitioner has superannuated more than seven years back, I direct the Accountant General, 3 Bihar, Patna, to process the gratuity of the petitioner on the basis of the service particulars available with them without waiting for receipt of the service book within a period of three months from the date of receipt/production of a copy of this order and forward the same to the authority concerned for its payment. The petitioner would also be entitled to interest at the rate of 5% on his gratuity amount calculated from the date of his superannuation on 28.2.2003 until the date of its payment. Bibhash ( Jyoti Saran, J.)