IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2619 of 2010 MAHMUDA KHATOON Versus STATE OF BIHAR & ORS. ----------- 4. 30.3.2011. Heard Mr. Shardanand Mishra, learned counsel appearing on behalf of the petitioner, Mr. Rajan Prasad, learned counsel for the Zila Paarishad, Gaya and Mr. Rajiv Kumar, learned Assisting Counsel to S.C.7 for the State. A show cause has been filed on behalf of the Zila Parishad enclosing an order dated 29.12.2010 contained in memo no.299 disposing of the claim of the petitioner. Learned counsel for the petitioner while accepting the payments under the said order, disputes the calculation in so far as it relates to gratuity amount. Learned counsel submits that whereas initially the gratuity was calculated on the basis of 22 months amounting to Rs.1,34,970/-, but while making the payment under order in question, the same has been reduced to 16.1/2 months for an amount of Rs.1,01,227.50. He further submits that the claim towards Group Insurance Scheme has not yet been paid. Learned counsel for the Zila Parishad 2 produces a calculation chart in regard to the post retiral dues of the petitioner and submits that as there was a mistake in calculation of the Gratuity amount of the petitioner, who was found entitled to gratuity on the basis of 16.1/2 months salary and not 22 months, the said mistake was rectified and the correct position has been mentioned in the order dated 29.12.2010 whereunder, the petitioner was found entitled to Gratuity on the basis of calculation of 16.1/2 months salary and which has since been paid to him. Learned counsel for the Zila Parishad, in relation to the amount of LIC/GIS of the petitioner, submits that necessary calculation has already been sent to the office of the Life Insurance Corporation, Division Office, Patna on 31.1.2011 for making payment of the insurance amount to the petitioner and that no sooner the said amount is released by the Corporation, the same would be made over to the petitioner. Having regard to the contents of the order dated 29.12.2010 and having heard learned counsel for the Zila Parishad, I am of the opinion that nothing survives in the present contempt application and the same is disposed of, by 3 reserving liberty to the petitioner to question the calculation of gratuity amount in an appropriate proceedings before an appropriate forum. Before parting with the order, I would like to mention that the Deputy Development Commissioner-cum-Chief Executive Officer would take all possible steps for ensuring payment of the LIC amount to the petitioner without causing unnecessary delay and preferably within a period of six months from today. ahk (Jyoti Saran, J)