IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6365 of 2010 1. MANUWAR HUSSAIN S/O LATE MOHAMMAD HUSSAIN R/O MOH KHAJPURA, P.S.GARDANIBAGH, TOWN & DISTT-PATNA Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, ANIMAL HUSBANDARY DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA 3. PRINCIPAL SECRETARY, PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT GOVERNMENT OF BIHAR, PATNA 4. DEPUTY SECRETARY, ANIMAL HUSBANDRAY DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA 5. DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA 6. ACCOUNTANT GENERAL (A&E) BIHAR, BIRCHAND PATEL PATH, PATNA ----------- 05. 09.11.2010 Heard learned counsel for the petitioner, State as also the Accountant General. The grievance of the petitioner is that upon superannuation on 31st of May 2009 while working under the office of the respondent no. 5, retiral dues of the petitioner has not been settled as yet. Learned counsel for the petitioner submits that while the petitioner was working on the post of Bill Clerk he was promoted to the post of Assistant. However, subsequently, the petitioner was reverted back to the post of Bill Clerk vide Memo no. 4485 dated 4th of August 2001 as finds reference in the letter dated 20th of August 2001 as contained in Annexure-3. It is further submitted that on perusal of the same, it would appear that the Department pursuant to the interim order dated 10th of August 2001 passed in C.W.J.C. No. 8740 of 2001, the stayed the order of reversion of the petitioner from the post of Assistant to the Bill Clerk till further order. According to the petitioner the said order has remained till the date of his retirement, he retired as an Assistant since the order of the reversion was stayed as per Annexure-3. Consequently petitioner is entitled to receive the post retiral dues on the pay scale of Assistant admissible to him as on the date of his retirement as he was working on the post of Assistant. It is submitted that petitioner is being paid 90 percent of his pension, and full amount of gratuity has been withheld till the disposal of the aforesaid writ application i.e. C.W.J.C. No. 8740 of 2001. Learned counsel for the petitioner submits since the order of his reversion has been stayed and as he is entitled to have all his retiral dues on the basis of the pay scale paid to him as an Assistant on the date of his superannuation subject to the final outcome of the aforesaid writ application i.e. C.W.J.C. No. 8740 of 2001. Learned counsel appearing on behalf of the State on the other hand submits that the request of the petitioner for payment of gratuity was considered and disposed of by order dated 14th of January 2010 as contained in Annexure- 5 whereby it was communicated to the petitioner that the payment of gratuity has been withheld till the disposal of the writ application i.e. 8740 of 2001. Considering the submission of the parties and their respective pleadings, it appears that it is not in dispute that the petitioner retired on the attaining age of superannuation on the post of Assistant. It would further appear that withholding the payment of gratuity does not stand to any reason in face of the interim order passed by this court vide order dated 10th of August 2001 as contained in Annexure- 2 where by the order of reversion was stayed and the respondent State pursuant to the aforesaid order issued Annexure- 3 stayed the order of reversion till further orders. The aforesaid order as contained in Annexure- 3 has remained till the date of his superannuation of the petitioner i.e. 31st of May 2009 and as such, petitioner is entitled to have gratuity on the basis of the salary which he was receiving as on the date of his superannuation as an Assistant. Similarly, petitioner is entitled to full pension as he is receiving 90 percent of the pension only. The prayer for commutation of pension that also deserves to be considered as per rule. It goes without saying that the payments made to the petitioner will be subject to the final outcome of the aforesaid C.W.J.C. No. 8740 of 2001. The payment may be made expeditiously, preferably within a period of three months on receipt/production of certified copy of the present order. The writ application stands disposed of with the above observations/directions. Jagdish/- ( Shailesh Kumar Sinha,J.)