IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11856 of 2009 Janardan Prasad Singh, son of Late Bhajan Prasad Singh, Resident of Village-Khaira, Post Office and Police Station- Haveli Kharagpur, District-Munger. …………..Petitioner. Versus 1. The State of Bihar through the Secretary, Higher Secondary Education, Bihar, Patna. 2. The Secretary, Higher Secondary Education, Government of Bihar, Patna. 3. The District Education Officer, Jamui. 4. The Head Master, High School (Inter Level), Bangardih, Jamui. 5. The Accountant General, Bihar, Patna. ……Respondents. ----------- 2. 09. 09. 2009. Heard learned counsel for the petitioner and the State. The grievance of the petitioner is that upon his superannuation from the post of Assistant Teacher-cum- Incharge Head Master from Inter Level High School, Bangardih, Jamui on 31st January, 2006, all the retiral dues have been settled. However, payment of 10% pension and entire Gratuity has been withheld on account of pendency of a criminal case lodged against the petitioner for not reporting in connection with General Assembly Election of 2005. It is further submitted that no departmental proceeding has been initiated against the petitioner till date and as such the authority should not have withheld the payment of entire Gratuity and 10% of his pension. Learned counsel for the State submits that in case petitioner files a representation stating details of his claim, the same shall be considered as per law. In the above circumstances, learned counsel for 2 the petitioner submits that for expeditious disposal of his grievance, petitioner proposes to file a fresh representation before Respondent No. 3, stating details of his claim. In case, such representation is filed along with relevant documents in support of his claim as also certified copy of the present order within a period of four weeks from today, Respondent No. 3 shall consider and dispose of the grievance of the petitioner as raised in his representation in accordance with law expeditiously preferably within a period of four months on receipt of such representation, so that the grievance with regard to 10% pension and entire Gratuity of the petitioner could be settled without further delay. With the above observations/directions, this writ application stands disposed of. m.p. (Shailesh Kumar Sinha, J.)