IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14468 of 2008 RAM KISHORE PRASAD SON OF LATE HIRA PRASAD, RESIDENT OF MOHALLA- NORTH MANDIRI, RAMGARH NIWAS, P.S. BUDDHA COLONY AT AND DISTRICT- PATNA Versus 1. THE STATE OF BIHAR 2. THE ACCOUNTANT GENERAL OF BIHAR (A &E) VEER CHAND PATEL PATH, PATNA 3. THE COMMISSIONER, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, SINCHAI BHAWAN, PATNA 4. THE ENGINEER-IN-CHIEF (NORTH) DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF BIHAR, SINCHAI BHAWAN, PATNA 5. THE CHIEF ENGINEER, DEPARTMENT OF WATER RESOURCES, BIRPUR, SUPAUL 6. THE SUPERINTENDING ENGINEER, CANAL CIRCLE, SAHARSA 7. THE DISTRICT PROVIDENT FUND OFFICER, SAHARSA ----------- 5 17.05.2010 Heard learned counsels for the petitioner, the State and the Accountant General. The grievance of the petitioner is that upon his superannuation on 31st March, 2007 from the post of Superintending Engineer while working in the Canal Circle of the Department of Water Resources, Government of Bihar, the petitioner has not been paid his provident fund dues till date although the same has been sanctioned for payment vide memo no. 356 dated 18.02.2010 as per Annexure-C to the counter affidavit filed on behalf of the respondent nos. 3 to 6. It is submitted that the petitioner is being paid his pension only to the extent of 90 % as provisional pension on account of the pendency of the departmental proceeding which was initiated during the service period and later converted into a proceeding under Rule 43(b) of the Bihar Pension Rules as would be appearing from notification dated 24th October, 2008 vide Annexure-D to the said counter affidavit. Learned counsel for the State submits that the departmental proceeding in question against the petitioner has not been finally concluded, however he id being paid 90 % of the admissible pension amount. In this connection, learned counsel for the petitioner - 2 - submits that the petitioner is entitled to 100 % of the provisional pension as per the Government’s extant instructions even during the pendency of the departmental proceeding. Considering the submissions of the parties, the respondent no.7 is, hereby, directed to ensure payment of admissible provident fund dues to the petitioner pursuant to the letter contained in memo no. 356 dated 18th February, 2008 issued by the Deputy Secretary, Water Resources Development Department, Government of Bihar as contained in Annexure-C. As regards the claim for payment of 100 % of provisional pension, petitioner is permitted to represent his grievances before the respondent no.3. In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of six weeks from today along with the certified copy of the present order as also the copy of the relevant documents including the copy of the relevant instructions of the State Government in support of the claim, the grievances 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 the grievances of the petitioner could be settled without delay and upon consideration the admitted dues found payable could also be paid to the petitioner along with interest permissible under the rules. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)