IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12287 of 2011 Smt.Shanti Devi, wife of Late Lal Sharma, Resident of Road lNo.4/B S.K. Vihar Colony, Beur Anisabad, P.S. Beur, District Patna. ... ... Petitioner. Versus 1. The State Of Bihar 2. Principal Secretary, Human Resource Development Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The District Education Officer, Patna. 5. The Headmaster Laxmi Narayan Rajbanshi High School, Dhibar, Barh, District Patna. 6. Accountant General, Bihar, Patna. ... ... Respondents. ---------------------------------- 2. 4.8.2011. Heard Shri Rajendra Narayan, who was assisted by Shri Kumar Ajit Singh, learned counsel for the petitioner, Shri Himanshu Kumar, learned A.C. to G.A.3, who appears on behalf of respondent nos.1 to 4 and learned counsel appearing on behalf of respondent no.6/Accountant General. The present writ petition has been filed with a prayer to direct the respondents to pay all death-cum-retiral dues of the husband of the petitioner, who had retired with effect from 30.9.2008 as Headmaster, Laxmi Narayan Rajbanshi High School, Dhibar, Barh, Patna and subsequently died on 18.4.2011. Learned counsel for the petitioner submits that other retiral dues have 2 already been paid. Only amount in respect of leave encashment, gratuity and pension have not been cleared till date. In this case, respondent nos.2 and 3, in its counter affidavit, have made it clear that leave encashment in respect of husband of the petitioner has already been sanctioned on 20.7.2011. Similarly, pension of late husband of the petitioner has already been sanctioned on 22.7.2011. So far as amount of gratuity is concerned, it has been stated that the same is under process and certain documents are being located. Learned counsel for the Accountant General submits that in the office of Accountant General, sanction order in respect of leave encashment of the husband of the petitioner has already been received, but till yesterday sanction regarding pension was not received. In view of the facts and circumstances, particularly the fact that the State authority have already issued sanction in respect of leave encashment as well as pension and the stand taken by the 3 State authority that claim of gratuity is under process, the court is of the opinion that the writ petition can be disposed of directing the respondents to take all steps for issuance of sanction order in respect of gratuity of the husband of the petitioner within a period of one month from the date of receipt/production of a copy of this order. Respondent nos.2 and 3 are required to ensure that sanction order in respect of pension is received in the office of Accountant General without any delay and it must be received within two weeks from today. Respondent no.6/Accountant General is required to issue authorization so far as amount of leave encashment is concerned within a period of four weeks from the date of receipt/production of a copy of this order. Court expects that immediately after receipt of the sanction order from the State authority in respect of pension and gratuity, the respondent no.6 will issue authorization within four weeks from the date of receipt of sanction. Before parting with, it is 4 desirable to record that petitioner shall be entitled to get interest on delayed payment of retiral dues. The respondents are directed to calculate the interest on delayed payment at the rate of 4% per annum. All steps for payment of interest on delayed payment must be completed within a period of four months from the date of receipt/production of a copy of this order. With above observation and direction, the writ petition stands disposed of. N.H./ ( Rakesh Kumar,J.)