IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1411 of 2008 ASHOK KUMAR DAS SON OF LATE DEVENDRA NARAYAN DAS, RESIDENT OF ANAND BAG BHAGALPUR ON THE BANK OF RAILWAY LINE, BHIKHANPUR NO.12 HOUSE NO. 53 DISTRICT- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH HEALTH DIRECTOR OF BIHAR, PATNA 2. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, BHAGALPUR 3. A.G. BIHAR, PATNA 4. COMMISSIONER, BHAGALPUR 5. PROVIDENT FUND OFFICER, BHAGALPUR ----------- 3 29.06.2010 Heard learned counsels for the petitioner and the respondent-Accountant General. No one appears for the State Petitioner has filed the present writ application for a direction for payment of the retiral dues which became payable to him upon his superannuation on 31st May, 2007 from the post of Clerk, Leprosy Control Unit, Kahalgaon under the respondent no.2. It is submitted on behalf of the petitioner that during the pendency of the writ application petitioner has been paid the retiral dues on account of provident fund, gratuity and leave encashment, however still a good amount towards the retiral dues has remained to be settled as the authorities have not given effect to the benefit of A.C.P. granted to the petitioner w.e.f. 09.08.1999 as per the order contained in Annexure-4. Learned counsel further submits that on perusal of the statements made in paragraph 7 (iii) it appears that the pension of the petitioner has not been finally fixed on the - 2 - ground that the petitioner was not given the benefit of A.C.P. as petitioner did not pass the departmental examination of accounts. It is further contended that on perusal of the letter contained in memo no. 86 dated 26th February, 2008 as contained in Annexure-C series to the counter affidavit filed on behalf of the State, it appears that the matter regarding issuance of the order for exempting the petitioner from passing the Accounts Examination was pending before the Director, Health Services, Government of Bihar, however the petitioner has not been communicated with any such decision till date. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the pending claims as highlighted in this writ application including the claim for payment of interest, petitioner proposes to file a representation before the respondent no.2. In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of four weeks from today along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the grievances of the petitioner raised in the representation shall be considered in accordance with - 3 - 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 upon consideration the admitted dues found payable could also be paid to the petitioner along with interest permissible under the rules. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)