IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1665 of 2007 BADRI PRASAD, son of late Motilal Seth, resident of village-Garura, P.S. Gorari Karakat, District-Rohtas at Sasaram. At present retired from Gauge Reader, Irrigation Division, Narpatganj, District- Araria. Versus 1. THE STATE OF BIHAR through Secretary, Irrigation Department, Govt. of Bihar, Patna. 2. The Chief Engineer Water Resources Department Purnia. 3. The Superintending Engineer Nahar (Canal) Anchal, Purnea, Circle-Purnea. 4. The Executive Engineer, Irrigation Division Narpatganj, District-Araria. 5. The Assistant Engineer, Narpartganj, Subdivision Purnea. 6. The Accountant General (A & E) Bihar, Patna. ----------- 12 14.01.2010 Heard Ms. Shashi Bala Verma learned counsel appearing on behalf of the petitioner, Mr. Jainandan Kumar Singh learned assisting counsel to G.A. 10 for the State and learned counsel appearing on behalf of the Accountant General. The petitioner had filed the writ petition for payment of gratuity amount of Rs. 39,885/- and leave encashment amount of Rs. 55,257/-, having retired from the post of Guage reader with effect from 31.1.2005 under the service of the respondent. The only ground on which the said payments had been withheld by the respondents 2 was by reason of non handing over charge of certain materials pursuant to direction contained in letter No. 455 dated 2.8.1998 (Annexure-A) and which position remained until his retirement. The said fact gave rise to institution of proceedings in purported exercise of power under Rule 43(b) of the Bihar Pension Rules as contained in memo No. 1430 dated 18.5.2007, Annexure-V to the counter affidavit. With express liberty from this Court the petitioner challenged the validity of the order contained in memo No. 1430 dated 18.5.2007 (Annexure-V), by filing a separate writ petition giving rise to C.W.J.C. No. 15203 of 2009. By a Bench decision of this Court dated 26.11.2009 passed in C.W.J.C. No. 15203 of 2009, the order bearing memo No. 1430 dated 18.5.2007 was quashed in the light of the law laid down by the Supreme Court reported in AIR 1995 SC 1853 (State of Bihar versus Md. Idrish Ansari) for the reason that the issue related to a period exceeding four years from the date of institution of proceedings. As a consequence of the quashing of the order whereby the proceedings under Rule 43(b) of the 3 Bihar Pension Rules was initiated the consequential order(s) passed thereto also become non est and can not debar the petitioner from receiving his retirement benefits. Learned counsel appearing on behalf of the State submits that some amount of gratuity has been paid to the petitioner during the pendency of the proceedings. In that view of the matter, this writ petition is disposed of with the direction to the respondents to pay the balance amount of gratuity to the petitioner as well as the leave encashment amount which in any case ought not to have been withheld by the respondents, within a period of three months from the date of receipt/production of a copy of this order. The writ petition is disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J. )