IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13665 of 2008 DR.BIJAY NARAIN SINGH SON OF LATE INDRABHANU SINGH, RESIDENT OF R.K.AVENUE, NALA ROAD, RAJENDRA NAGAR, P.S. KADAM KUAN, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HEALTH SERVICES, BIHAR, PATNA 2. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES BIHAR, PATNA 3. THE ADDITIONAL SECRETARY, HEALTH MEDICAL EDUCATION & FAMILY WELFARE DEPARTMENT, BIHAR, PATNA 4. THE UNDER SECRETARY, HEALTH MEDICAL EDUCATION & FAMILY WELFARE DEPARTMENT, BIHAR, PATNA 5. THE ACCOUNTANT GENERAL BIHAR, BIRCHAND PATEL PATH, PATNA ---- For the petitioner : Mr. Rama Kant Sharma, Sr. Adv. Mr. Narendra Kumar Singh, Adv. For the State : Mr. Shyam Kishore Sharma, G.A. 5 For the Acct. General : Mr. Arun Kumar Arun, Adv. **** 2 20.11.2009 A counter affidavit has been filed on behalf of the respondent-Accountant General, copy of which has already been served on the counsels for the petitioner and the State. Heard learned counsels for the petitioner, the State and the Accountant General. The grievance of the petitioner is that admittedly the request of the petitioner for voluntary retirements from the services of the State was accepted w.e.f. 27.05.1995, however the acceptance of the voluntary retirement was communicated to the petitioner only through letter contained in memo no. 090(3)/Health/Patna dated 27th August, 2003 wherein the payment of retiral dues of the petitioner was sanctioned. It is submitted that all the retiral dues of the petitioner subsequent thereto have been paid, however since the petitioner voluntarily retired w.e.f. 27.05.1995 the petitioner is entitled to interest from the from the date of his retirement till the date of acceptance of the same. - 2 - Mr. Shyam Kishore Sharma, learned Government Advocate No5 appearing for the State submits that the claim of the petitioner for interest on retiral dues on account of the long delay will be considered in case petitioner files an appropriate representation giving specific details of the claim as also the copy of the relevant documents in support of the claim for interest, the same shall be considered in accordance with law without delay. In view of the above, for expeditious disposal of the grievances, as raised in this writ application, the petitioner is permitted to file representation before the respondent no. 2 i.e. the Director-in-Chief, Health Services, Govt. of Bihar, Patna. In this view of the matter, it is directed that in case such representation 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 in support of the claim, the above respondent shall consider the grievances as raised in the representation in accordance with law expeditiously preferably within a period of four months on receipt of such representation so that the admitted dues of the petitioner on account of interest, if any, could be without delay. However, if any of the claims of the petitioner is found not payable, the same shall be communicated to the petitioner with the reasons thereof. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)