IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13071 of 2011 Sri Narayan Singh, Son of Late Binda Singh, Resident of Village – Basantpur Chainpur, P.S. – Sahebganj, District – Muzaffarpur …. Petitioner Versus 1. The State Of Bihar 2. The Executive Engineer, Rural Works Department, Works Division, Muzaffarpur. 3. The Treasury Officer, Muzaffarpur. District – Muzaffarpur. 4. The Accountant General, Bihar, Patna …….. Respondents ---------------------------------- 2 10/8/2011 Heard Sri Vijay Kumar Singh, learned counsel for the petitioner, Sri Pramod Kumar, learned A.C. to Government Pleader No. 13, who appears on behalf of Respondent Nos. 1, 2, & 3/ State and Sri S.M. Ehtesham, learned counsel appearing on behalf of Respondent No. 4/Accountant General, Bihar, Patna. The petitioner, who retired with effect from 31/3/2009 as a ‘Driver’ from the Office of Executive Engineer, Rural Works Department, Works Division, Muzaffarpur, has prayed for directing the respondents to make payment of amount of gratuity, pension alongwith arrear and also for directing the Respondents to make payment of commutation value of pension. Learned counsel for the petitioner has drawn my attention to Annexure -1 series at page 10 i.e. pension intimation memo dated 14th March, 2011 and D.C.R. gratuity payment order dated 14th March, 2011 at page 11. It was submitted that despite the fact that for pension and 2 remaining amount of gratuity authorization has been issued by the Accountant General, Bihar, Patna, the Respondents have not paid the said amount nor the petitioner is getting pension. So far as commutation of pension is concerned, Sri S.M. Ehtesham, learned counsel appearing for Respondent No. 4/Accountant General, Bihar, Patna, submits that since the papers relating to commutation of pension was sent by the State authority at belated stage same has been returned to the concerned authority. In view of the fact that authorization for pension and remaining amount of gratuity has already been issued by the Respondent No. 4/Accountant General, Bihar, Patna, there is no reason for Respondent/State particularly Respondent No. 3/Treasury Officer, Muzaffarpur, to sit tight over the matter. Accordingly the writ petition stands partly allowed with a direction to the Respondent Nos. 1 to 3 to take all steps for making payment of pension and gratuity as per authorization of the Accountant General, Bihar, Patna. So far commutation value of pension is concerned, petitioner is granted liberty to file a representation before Respondent Nos. 2 & 4 i.e. Executive Engineer, Rural Works Department, Works Division, Muzaffarpur & Accountant General, Bihar, Patna respectively within a 3 period of six weeks from today. If such representation is filed, Respondent No. 2 will examine the same and pass appropriate order in accordance with law within a period of eight weeks from the date of filing of such representation. So far pension and gratuity is concerned, payment must be made within a period of one month from the date of receipt/production of a copy of this order. The writ petition stands disposed of. Praful (Rakesh Kumar, J.)