IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7530 of 2011 MAJEED AZAM, Son of Late Md. Yasin, Resident of Mohalla- Samad Campus, Samanpura, Raza Bazar, P.S.- Rajivnagar, District-Patna. …….. Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Building Construction Department, Bihar, Patna. 3. The Secretary, Road Construction Department, Bihar, Patna. 4. The Chief Engineer, (South Wing), Building Construction Department, Visheshwariya Bhawan, Patna. 5. The Director, Provident Fund, Pant Bhawan, Bailey Road, Patna. 6. The District Provident Fund Officer, Gaya. 7. The Executive Engineer, Building Construction Division, Gaya. 8. The Accountant General, Bihar, Birchand Patel Path, Patna. …………. Respondents ----------- 2 29.04.2011 Heard Sri Prabhu Nath Pathak, learned counsel for the petitioner, Sri Neeraj Nandan, learned Govt. Pleader No. 20, who appears on behalf of respondent nos. 1 to 7 and learned counsel appearing on behalf of respondent no. 8/Accountant General, Bihar. The petitioner who retired with effect from 30.06.2010 as ‘Assistant Engineer’ from the Office of Executive Engineer, Building Construction Division, Gaya, has prayed for directing the respondents for clearing all the retrial dues which includes pension, gratuity, provident fund, group insurance, leave encashment for 300 days, arrears of differences on revised scale as per 6th Pay Revision Committee recommendation report with statutory admissible interest. 2 Learned counsel for the petitioner submits that the petitioner has also filed representation before the competent authority, however, neither any decision has been taken on his representation nor his any of the retrial dues has been cleared till date. In view of the facts and circumstances, particularly the fact, that the petitioner retired on 30.06.2010 and till date, as stated, no retrial dues has been cleared, it is desirable to dispose of the writ petition granting liberty to the petitioner to file a fresh representation before respondent nos. 2/Secretary, Building Construction Department, Bihar, Patna and 7/Executive Engineer, Building Construction Division, Gaya, within a period of six weeks from today. If such representation is filed, both the respondents are required to examine the same and pass appropriate order in accordance with law redressing the grievances of the petitioner within a period of two months from the date of filing of such representation. Within aforesaid time, both the respondents are further directed to take all steps to clear all the admitted retrial dues of the petitioner and also issue sanction order in relation to pension and gratuity. It is expected, that after receipt of the sanction from the State authority, the respondent no. 8/Accountant General, 3 Bihar, will issue authorization within one month from the date of receipt of such sanction. So far G.P.F. amount is concerned, the petitioner is granted liberty to file representation before District Provident Fund Officer, Gaya, within six weeks from today, and thereafter, the District Provident Fund Officer, Gaya, is directed to pass order for payment of G.P.F. amount within one month from the date of filing of such representation. It is made clear that the petitioner shall be entitled to get admissible statutory interest on all the delayed payments. This goes without saying that all the aforesaid actions are to be taken provided there is no departmental proceeding or criminal proceeding against the petitioner. With above observation and direction the writ petition stands disposed of. Praful (Rakesh Kumar, J.)