IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8355 of 2008 DR.ARUN KUMAR CHAKRABORTY SON OF LATE AJIT KUMAR CHAKRABORTY, RESIDENT OF NEW TOWN, P.S. JAMTARA, DISTRICT- JAMTARA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTGMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 2. JOINT SECRETARY, HEALTH AND FAMILY WELFARE DEPARTGMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4. DEPUTY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTGMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5. THE DIRECTOR, PROVIDENT FUND, GOVT. OF BIHAR, PANT BHAWAN, PATNA 6. ACCOUNTANT GENERAL ( A & E) BIHAR, BIR CHAND PATEL MARG, PATNA 2 09.02.2010 Heard learned counsels for the petitioner, State and the Accountant General. The grievances of the petitioner is that upon his superannuation on 01.11.2004, however the disciplinary proceeding thereafter continued which was later converted into a proceeding under rule 43(b) of the Bihar Pension Rules in which upon conclusion of the proceeding an order contained in memo no. 317 (9) Patna dated 11th March, 2008 as contained in Annexure-1 was passed withholding 10 % of the pensionary benefits. Learned counsel appearing for the petitioner submits that even after passing of the aforesaid order, the balance of the retiral benefits towards the pension, gratuity, leave encashment and provident fund dues etc. - 2 - have not been settled and paid to the petitioner till date. Notwithstanding the fact that the order as contained in Annexure-1 is bad in law, learned counsel submits that the petitioner filed representation before the department, however the same having remained unconsidered the petitioner was compelled to file the present writ application on 20th May, 2008 and till date no counter affidavit has been filed on behalf of the State till date. Learned counsel appearing for the State prays for time to file counter affidavit. However, in view of the nature of the order which the Court proposes to pass, the writ application need not be kept pending anymore. Learned counsel for the petitioner submits that for expeditious redressal of the grievances, as highlighted in this writ application, petitioner proposes to put all his unpaid claims by way of representation before the respondent no.3 stating distinctly the details of unpaid claims as also copy of the relevant documents in support of the claim as also the certified copy of the present order. In case such representation is filed by the petitioner within a period of six weeks from today, the respondent no.3 shall consider the grievances of the - 3 - petitioner with regard to payment of pensionary benefits, 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 grievances of the petitioner could be settled without delay and admitted dues could also be paid with statutory interest. However, if any of the claims is found not admissible, the same shall be disposed of by reasoned order which shall be communicated to the petitioner by post under registered cover. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)