IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11464 of 2005 BHARAT PANDIT son of Chandra Pandit resident of East Chitra Gupta Nagar, Behind Janki Apartment Kankarbag P.S.Patrakar Nagar, P.O. Lohia Nagar Versus 1. BIHAR STATE ELECTRICITY BOARD, Patna through its Chairman. 2. Secretary, Bihar State Electricity Board, Patna. 3. Financial Controller, Bihar State Electricity Board, Patna 4. General Manager cum Chief Engineer P.E.S.U. Patna. 5. Electrical Executive Engineer Supply Division kankarbag, Patna. 6. Electrical Superintending Engineer P.E.S.U. East Circle, Patna. ----------- 3 12.04.2010 Mr. S.K. Bhatnagar, appearing on the instruction of Mr. Pramod Manbansh, learned counsel for the petitioner and Mr. V.K. Verma, learned A.C. to Mr. Vinay Kirti Singh, learned counsel representing the Electricity Board are present. The writ petition was filed for payment of the post retiral benefits of the petitioner who superannuated from the post of Typist with effect from 30.4.2005. A counter affidavit was filed on behalf of the Electricity Board and in paragraph 6 of the said affidavit the details of the payment made to the petitioner towards his post retiral dues has been set out. However, in paragraph 7 thereof it is stated that an amount of Rs. 6,47,926/- - 2 - towards provident fund had not been paid to the petitioner by reason of nonavailabilty of funds. Although the counter affidavit was served on learned counsel for the petitioner on 27.11.2007 but no rejoinder thereto has been filed controverting the statements made in the counter affidavit. In such situation no purpose would be served in keeping the writ petition pending and the same is disposed of with a direction to the respondent No.2, the Secretary, Bihar State Electricity Board, Patna to ensure that if the payment of the General Provident Fund of the petitioner has not yet been paid to him, the same should be paid to him together with up to date statutory interest within three months from the date of receipt/production of a copy of this order. Bibhash (Jyoti Saran, J.)