IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11000 of 2005 JHARI RISIDEO Versus THE STATE OF BIHAR & ORS ----------- 03/ 02.04.2010 The petitioner who superannuated from the post of Gangman on 31.8.2004 has filed the writ petition for payment of his post retiral benefits. A counter affidavit was filed on behalf of the respondents and in paragraph-5 thereof it was stated that the retiral dues of the petitioner towards leave encashment, gratuity and group insurance has been paid to him. A chart to the said effect has been enclosed at Annexure-A. It is also admitted that the G.P.F. amount and pension amount has not been paid to the petitioner. A perusal of the chart of payment present at Annexure-A shows that even the gratuity amount has been paid to the petitioner to the extent of 90 per cent only. In relation to pension, it is stated that the same is pending for non-furnishing of the non-employment certificate by the petitioner and the G.P.F. amount is pending for payment in absence of submission of final withdrawal form by the District Accounts Officer. Both the reasons assigned for non payment of pension and G.P.F. amount are wholly unsustainable. The petitioner having retired in 2004 cannot be denied his justful claim. In that view of the matter, the writ petition is disposed of with a direction to the respondent no. 5 the Executive Engineer to ensure the payment of the pension and gratuity of the petitioner - 2 - together with its arrears and also ensure payment of the entire G.P.F. amount together with up to date interest, within a period of three months from the date of date of receipt/production of a copy of this order. S.Sb/- (Jyoti Saran, J.)