IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11310 of 2011 Iswari Singh, Son of Late Ramdeep Singh, resident of Village-Basdiha, Police Station-Tandwa, District- Aurangabad ------------ Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Department of Water Resources, Government of Bihar,Patna 3. The Engineer-in-Chief, Water Resources Department, Government of Bihar,Patna 4. The Chief Engineer, Water Resources Department, Bhagalpur 5. The Superintending Engineer, Irrigation Circle no.2, Jamui, District-Jamui 6. The Executive Engineer, Irrigation Department, Darhi Division, District- Jamui 7. The S.D.O./ Assistant Engineer , Irrigation Division, Darhi, District- Aurangabad 8. The Treasury Officer, Jamui 9. The Treasury Officer, Aurangabad 10. The Accountant General (A & E), Birchand Patel Path, Patna ------------------------- Respondents. ----------- 02 14-07-2011 Heard Sri Jitendra Kumar Roy, learned counsel for the petitioner, Sri Shailendra Kumar Singh, learned A.C. to A.A.G.no.10 , who appears on behalf of Respondent nos. 1 to 9 and Sri Uday Kumar , learned counsel appearing on behalf of Respondent no.10/ Accountant General,Bihar,Patna. The petitioner, who retired with effect from 30.6.2009 as Store Keeper from the Office of the Executive Engineer, Irrigation Department, Garhi Division, Jamui, has prayed for directing the Respondents to make payment of all his retiral dues. Specific prayer has been made for directing the Respondent no.9/ Treasury Officer, Aurangabad to make payment in view of authorization issued by Respondent no.10/ Accountant General in respect of fixation of final pension as well as issuance of authorization of commuted value of pension vide Annexures 1 and 2 respectively to the writ petition. The petitioner has further prayed for directing the Respondent no.8/ Treasury Officer, Jamui to make payment of the amount of leave 2 encashment pursuant to payment order issued by Respondent no.6/ Executive Engineer , Irrigation Department, Garhi Division, Jamui vide Annexure-6 to the writ petition for total amount of Rs.1,71,040/-. The petitioner has also made a prayer for directing the Respondent no.6/ Executive Engineer, Irrigation Department, Garhi Division, Jamui to issue authorization in respect of remaining 10 % of the gratuity amount. Sri Jitendra Kumar Roy, learned counsel for the petitioner has drawn my attention to Annexures 1 and 2 to the writ petition, whereby the Respondent no.10/ Accountant General, Bihar, Patna vide his letters dated 4.3.2011 and 9.3.2011, has authorized pension as well as commuted value of pension and it was communicated to Respondent no.9/ Treasury Officer, Aurangabad. Sri Roy, learned counsel for the petitioner submits that even after lapse of several months, the Treasury Officer has not acted upon the authorization issued by the Accountant General and no payment has been made under the aforesaid head. Learned counsel for the petitioner has also drawn my attention to Annexure-6 to the writ petition, whereby payment order was issued by Respondent no.6/ Executive Engineer, Irrigation Department, Jamui to Respondent no.8/Treasury Officer, Jamui for payment of Rs.1,71,040/- against leave encashment due. In view of the fact that authorization for payment of pension and commuted value of pension as well as payment order of leave encashment was already issued long back, the Court is of the opinion that the Treasury Officer cannot sit tight over the matter. Accordingly, Respondent no.9/ Treasury Officer, Aurangabad is directed to immediately act upon Annexures 1 and 2 to the writ petition i.e. authorization of pension and commuted value of pension and to make payment to the petitioner within a 3 period of two weeks from the date of receipt/ production of a copy of this order. Similarly , Respondent no.8/ Treasury Officer, Jamui is directed to make payment of leave encashment amount to the petitioner in view of payment order issued by the Respondent no.6 vide Annexure-6 to the writ petition within a period of two weeks from the date of receipt/production of a copy of this order. If the payment is not made within two weeks from the date of production of a copy of this order, the petitioner shall be entitled to get interest on the aforesaid amount @ 6% per annum and said interest amount shall be recovered from the pocket of Respondent nos. 8 and 9. Learned counsel for the petitioner has made specific statement in the writ petition that no proceeding was initiated against the petitioner either prior to superannuation or after superannuation. Accordingly, the Respondent no.6/ Executive Engineer, Irrigation Department, Garhi Division, Jamui is directed to take all steps for issuance of sanction order in respect of remaining 10 % of gratuity in favour of the petitioner. Sanction order is required to be issued within six weeks from the date of receipt/production of a copy of this order. The Court expects that after receipt of the sanction order from the State Authority, Respondent no.10/ Accountant General, Bihar, Patna will issue authorization within four weeks from the date of receipt of sanction order. With the above observation and direction, the writ petition stands allowed. NKS/- ( Rakesh Kumar, J. )