IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8793 of 2009 JANARDAN PRASAD SINGH SON OF LATE JAMUNA PRASAD SINGH, RESIDENT OF VILLAGE- BANIA, P.S. GOPALPUR, DISTRICT- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERMNET OF BIHAR, SICHAI BHAWAN, PATNA 2. THE DEPUTY SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, SICHAI BHAWAN, PATNA 3. THE ACCOUNTANT GENERAL, VIR CHAND PATEL PATH, PATNA 14 06.04.2010 Heard learned counsels for the petitioner and the State. The grievance of the petitioner is that upon his superannuated on 30th June, 2002 while he was attached in the office of the Chief Engineer, Water Resources Development Department (Planning), Government of Bihar, Patna, the retiral dues i.e. pension, gratuity and leave encashment have not been settled as yet besides some arrears of salary for the period 27.02.1991 to 25.09.1997 except the subsistence allowance as also the salary for the period 26th September, 1997 to 30th June, 2002 the date of superannuation. Learned counsel for the petitioner submits that no final order has been passed in the departmental proceeding initiated against the petitioner with the result the petitioner is deprived of his retiral dues as also other dues, to which he is legally entitled. Learned counsel for the petitioner further submits that notwithstanding the pendency of the departmental proceeding, the petitioner is entitled to the - 2 - payment of provisional pension and gratuity in terms of the Government Circular contained in memo no. 3014 dated 31st July, 1980 (Annexure-6). Besides the above, petitioner is also entitled to receive the amount equivalent to the unutilized leave (leave encashment). Learned counsel appearing for the State submits that proposal for according the concurrence of the proposed order in the departmental proceeding has been sent to the Bihar Public Service Commission (B.P.S.C.), Patna but as the department has not received any response from B.P.S.C. despite sending several reminders, no order could be passed in the departmental proceeding initiated against the petitioner. Learned counsel further submits that recently the State has passed an order vide memo no. 240 dated 02.02.2010 as contained in Annexure-C to the 3rd supplementary counter affidavit filed on behalf of the State according sanction for payment of 90% provisional pension, however, he is not in position to say anything with regard to payment of gratuity and leave encashment. Considering the submissions of the parties and their respective pleadings, it appears to this Court that since the petitioner has superannuated on 30th June, 2002 and for one reason or the other no final order has still been passed for payment of all unpaid retiral dues, as such, in the interest of justice a reasoned order may be passed by - 3 - the competent authority with regard to the entitlements of the petitioner notwithstanding the pendency of the departmental proceeding in which no final order has yet been passed. Learned counsel for the State submits that except the 90% of the provisional pension no other dues on account of gratuity and leave encashment is payable, however he is not in position to bring any rule or circular of the State Government before the Court which authorizes withholding the payment of entire gratuity and leave encashment. In the above circumstances, the Principal Secretary, Water Resources Development Department, Government of Bihar, Patna is hereby directed to pass a reasoned order with regard to the entitlements of the petitioner under the rules to receive the retiral dues as also other dues on account of arrears of salary as claimed by the petitioner. Such reasoned order be passed expeditiously preferably within a period of two months on receipt/production of the certified copy of the present order along with the representation of the petitioner containing details of his unpaid claims. Upon consideration if any claim or part of the claim is found admissible, the necessary sanction be accorded by the competent authority for its eventual payment to the petitioner within a period of - 4 - next one month thereafter. However, if any of the claims or part of the claim is found not admissible, the same shall be communicated to the petitioner specifically indicating the reasons of such refusal. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)