IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10038 of 2010 BHARAT PRASAD SON OF LATE AYODHYA PRASAD, RESIDENT OF MOHALLA- CHANDRAGOKULA ROAD, WARD NO. 17, P.S. GOPALGANJ TOWN, DISTRICT - GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE DIVISIONAL COMMISSIONER, SARAN AT CHAPRA. 3. THE DISTRICT MAGISTRATE, GOPALGANJ. 4. THE ESTABLISHMENT DEPUTY COLLECTOR, GOPALGANJ COLLECTORATE, GOPALGANJ. 5. THE ANCHAL ADHIKARI, GOPALGANJ ANCHAL, GOPALGANJ. ----------- 02. 02.07.2010 Heard learned counsels for the petitioner and the State. It is submitted that the petitioner upon his superannuation on 30th of July 2007 as Clerk from Circle Office, Gopalganj, although has received the post retiral dues however, the pension has not been fixed as yet despite representation. It is further submitted that pension of the petitioner is not being fixed because he was initially appointed as Peon and later on he was promoted to the post of Clerk and the question of passing the Hindi Noting and Drafting Examination was in issue. Later on, the petitioner was exempted from passing the said examination by the order of the Circle Officer. However, the said exemption was sent for approval of the Divisional Commissioner where the matter remained pending, and on account of such, petitioner is not receiving even the provisional pension. 2 Learned counsel appearing for the respondent- State submits that the claims of the petitioner shall be considered without delay as per law. In the above circumstances, learned counsel for the petitioner submits that though the petitioner has represented his grievance before the District Magistrate on 22nd of May 2010 as contained in Annexure- 7, however, for expeditious disposal of the pending claims, petitioner proposes to file a representation before the respondent no. 3 with a copy to 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 six weeks 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 above respondent shall consider the claims of the petitioner as raised in the representation in accordance with 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 the payment of the pension could be finalized with the arrears. The writ application stands disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)