IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9939 of 2006 RAM KESHWAR PRASAD SAH, son of late Ram Sakal Sah, resident of village Kargahar, P.S. Kargahar, District Rohtas … Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary cum Commissioner, Road Construction Department, Bihar at Patna 3. Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Road Construction Department, Bihar at Patna 4. Executive Engineer, Road Construction Department, Road Division, Chapra 5. Accountant General, Bihar at Patna … Respondents. ----------- 2. 4.5.2010 Heard counsel for the petitioner and the counsel for the State as also the Accountant General. The prayer of the petitioner in this writ application reads as follows: “ The petitioner seeks indulgence before this Hon’ble Court for the following reliefs: I. For issuance of an appropriate writ(s), order(s) or direction (s) in the nature of mandamus for directing and commanding the respondents authorities to pay the retirement dues of the petitioner i.e. 10% due gratuity amount calculating about 32 years service of the petitioner although 90% gratuity amount has been paid to the petitioner calculating 30 years of his service, G.P.F. amount and other permissible amount under the law from the date of his retirement 2 with effect from 31.12.2004 till the date of payment with interest.” A counter affidavit has been filed wherein the respondents have enclosed the latest authorization order issued by the office of the Accountant General dated 12.12.2006 for payment of Rs. 3,952/- towards the balance amount of gratuity and they have also taken a plea that the District Provident Fund Officer, Saran at Chapra has been advised to make payment of the amount of provident fund. In that view of the matter, this writ application now has virtually become infructuous but then as there is no clear averments on the part of the respondents of such payment also being made in terms of the authorization made by the Accountant General and/or to the District Provident Fund Officer, this Court would dispose of the writ application with a direction to the competent authority to ensure that if the payment of balance amount of gratuity and/or provident fund as indicated in the counter affidavit has not been made till date, the same must be paid to the petitioner within a 3 period of three months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/