IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9807 of 2006 DASHRATH PRASAD, Son of Late Radha Mohan Prasad, village & Post Bharauli, P.S. Satipur, District-Bhojpur, present address-Sri Dashrath Prasad and Shambhunath Mistry C/O Laxman Upadhaya, Shyam Metals, Plot No.112, Sector-24, Faridabad(Hariyana) ---------------Petitioner Versus 1. THE STATE OF BIHAR through Secretary, Administrative Department, Old Secretariat,Patna-1 2. The District Magistrate, Kaimur ( Bhabhua) 3. The District Collector, Kaimur ( Bhabhua) 4. The Dy. District Collector ( Establishment ), Kaimur ( Bhabhua) 5. The Executive Engineer, Rural Development Special Commissionary no.1( Bhabhua) 6. The Accountant General, Bihar ,Patna, Birchand Patel Path,Patna 7. The Treasury Officer, Arrah ( Bhojpur) ---------------------- Respondents. ----------- 04 04-04-2011 Learned counsel for the petitioner is permitted to implead the Treasury Officer, Arrah as Respondent no.7 in this application in course of the day. Heard Sri Narendra Kumar Mishra, learned counsel for the petitioner , Sri Ravindra Priyadarshi , learned A.C. to Addl.Advocate General No.1 appearing on behalf of Respondent Nos. 1 to 5/ State and Sri Viveka Nand Kunwar , learned counsel appearing on behalf of Respondent no.6/ Accountant General, Bihar,Patna. The petitioner, who retired with effect from 31.5.2004 as Correspondent Clerk from the District Collectorate, Kaimur (Bhabhua, has prayed for directing the Respondents to make payment of pension, gratuity and amount of Provident Fund. In this case, a counter affidavit has been filed on behalf of Respondent no.6/ Accountant General. In paragraph nos. 4 to 6 of the said counter affidavit, specific averment has been made that in the year 2 2005 itself sanction for pension, gratuity and commuted value of pension was received from the office of the Executive Engineer, Rural Development Special Pramandal No.1, Bhabhua and thereafter pension, gratuity and commuted value of pension was also authorized by the Accountant General and it was sent to the Treasury Officer, Arrah in the year 2005 itself. Learned counsel for the petitioner submits that despite issuance of authorization by the Accountant General, till date the petitioner has not received pension, commuted value of pension or amount of gratuity. Learned counsel appearing on behalf of the State while referring to the statement made in the counter affidavit filed on behalf of Respondent no.5, the Executive Engineer, Rural Development Special Pramandal no.1, submits that all the pensionary benefits of the petitioner were paid except pension and gratuity, which would be paid through the Treasury Officer, Arrah. It has further been stated that the petitioner has not given the charge of many papers. It has further been stated that the Treasury Officer, Arrah has also been asked to recover the amount of Rs. 2, 43,551.62. Learned counsel for the State submits that due to laches on the part of the petitioner, he is not getting pension. After hearing the parties and perusing the materials available on the record, the Court is of the opinion that once pension and gratuity was sanctioned by the Respondent /State and subsequently authorization was also issued by the Accountant General, there is no reason to sit tight over the matter. The petitioner was 3 entitled to get his pension and other retiral dues immediately thereafter. In view of the facts and circumstances, the writ petition stands allowed with a direction to the Respondents, particularly Respondent nos. 6 and 7 to take all steps to clear all the retiral dues of the petitioner within a period of two months from the date of receipt/production of a copy of this order. The petitioner shall be entitled to get simple interest at the rate of 6 % per annum till the date of clearance of the dues. The writ petition stands allowed. NKS/- ( Rakesh Kumar,J.)