IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2900 of 2006 SHAM DEYIYA DEVI wife of late Shangal Ram resident of Mohalla Khalashi Muhallah ward no. 23, Buxar Nagar Parishad, P.s. Buxar (T), District Buxar Versus 1. THE STATE OF BIHAR 2. The District Magistrate Buxar 3. The Executive Officer, Buxar Nagar Parishad Buxar 4. The Executive Board, Buxar Nagar Parishad through its Chairman, Buxar Nagar Parishad Buxar. 5. The Deputy Secretary, Nager Vikash Nibhag Govt. of Bihar, Patna. 6. The Finance Secretary, Govt. of Bihar, Patna. 7. The Accountant General, Bihar, Patna. ----------- 2 08.04.2010 Mr. Jagdish Prasad, learned counsel for the petitioner, Mr. Vivekanand Kunwar, learned A.C. to S.C.14 for the State are present. No one appears on behalf of the Executive Officer, Buxar Nagar Parishad, Buxar. The petitioner superannuated from the post of Safaiwala in the service of the Buxar Nagar Parishad with effect from 31.12.1994 and upon non payment of the post retiral benefits despite a lapse of more than 10 years, the present writ petition came to be filed for payment thereof. As there is no appearance on behalf 2 of the Buxar Nagar Parishad and the matter has been taken up after four years of the filing of the writ petition, this Court is of the opinion that no purpose would be served in keeping the writ petition pending. The writ petition is disposed of with the direction to the respondent No.3, the Executive Officer, Buxar Nagar Parishad, Buxar to consider the claim of the petitioner as set out in paragraph 7 of the writ petition which are as follows:- “7. That the following post retiral benefit of the petitioner is due with the respondents:- (a) Amount of pension from 1.1.1995 date along with the statutary interest. (b) Medical Assistance from 1.6.2001 till date at the rate of Rs. 100/- per month. (c) The difference of gratuity amount after calculating the same on the basis of current pay scale. (d) Difference of pay. (e) Difference of Dearness allowance. (f) Interim Relief.” If the claim of the petitioner as noted above is found admissible and has not yet been paid, then the same should be paid within a period of three months from the date of receipt/production of a copy of this order keeping into consideration that the petitioner superannuated more than 15 years 3 back from today. However, if the Executive Officer finds any of the claims not admissible, the same should be rejected by a speaking order. The writ petition is disposed of. Bibhash (Jyoti Saran, J. )