IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6556 of 2008 Kashi Nath, Son of Late Algu Prasad, House No. 406, Mohalla – Bhatwalia (Shakti Nagar) in the district of Dewaria (U.P.)… … Petitioner Versus 1. The State Of Bihar. 2. The Principle Secretary, Home Department, Government of Bihar, Patna – 15. 3. The Inspector General of Prisons, Bihar, Patna-15. 4. The Superintendent, District Jail, Chapra. 5. The Accountant General, Bihar, Birchand Patel Path, Patna-1. ………….. Respondents ---------------------------------- 3 22.09.2011 Heard Sri Braj Nandan Tiwary, learned counsel for the petitioner, Sri Gopal Krishna, learned AC to Government Pleader No. 19, who appears on behalf of the Respondent Nos. 1 to 4/State and learned counsel appearing on behalf of the Respondent No. 5 /Accountant General, Bihar, Patna. The writ petition was filed initially with a prayer to direct the Respondents to pay all the retiral dues of the petitioner. In this case, a counter affidavit has been filed on behalf of Respondent Nos. 5, 6 & 7, wherein, it has been categorically stated that all the retiral dues of the petitioner have already been paid. However, only 90% pension is being paid to the petitioner due to the reason that the petitioner has not till date produced no dues certificate. Learned counsel for the petitioner submits that the writ petition may be disposed of with liberty to the petitioner to approach the authority concerned for his claim of remaining 10% pension. In view of stand taken by the parties, there is no need to further keep the matter pending. The writ petition stands disposed of 2 granting liberty to the petitioner to approach the authority concerned i.e. Respondent No. 3/Inspector General of Prisons, Bihar, Patna within a period of six weeks by filing a detailed representation. If such representation is filed within aforesaid time, the Respondent No. 3/Inspector General of Prisons, Bihar, Patna, is required to examine the same and pass appropriate order in accordance with law within a period of two months from the date of filing of such representation. If the Respondent No. 3 considers the claim of the petitioner as genuine, he is required to pass order for issuance of sanction order for full pension as well as remaining arrear of pension within aforesaid time. Even in case of refusal, the Respondent No. 3, is required to pass a speaking order and communicate the same to the petitioner within two months from the date of filing of such representation. The court expects that the Respondent No. 5/Accountant General, Bihar, Patna, will issue authorization within four weeks from the date of receipt of sanction order from the State authority. With above observation and direction, the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)