IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9737 of 2010 Muktinath Mishra, Son of Late Brajendra Nath Mishra, R/o Moh. Budha Nagar, Road No.1, near Jagat Printing Press, Postal Park, Patna ---------------------- Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Human Resources Department, Bihar,Patna 3. The District Magistrate, Patna 4. The District Education Officer, Patna 5. The Principal , Marwari High School, Patna City, Patna ------------ Respondents. ----------- 03 07-12-2010 Heard Sri D.K.Tandon, learned counsel for the petitioner and Sri Hari Shankar Rai, learned A.C. to A.A.G. 2. The petitioner, who retired from service as Clerk from Marwari High School, Patna City, Patna City on 30.6.2009, has approached this Court with a prayer to direct the respondents concerned to pay his pension, gratuity and computation with interest over the delayed payment. It has been submitted by learned counsel for the petitioner that after retirement, the amount of G.I.C., Leave Encashment and provident fund have already been paid to the petitioner. However, the pension, gratuity and computation amount have not been paid on flimsy ground despite the fact that several months have already expired. Learned counsel for the petitioner has referred to Annexure- 5 to the petition to show that on the date of his superannuation, as per direction of Respondent no.5, he has already handed over the charge to one Smt. Pratibha Devi, which is evident from Annexure-2 to the petition. Learned counsel for the State is not in a position to 2 dispute Annexures-2 and 5 to the petition. However, the stand has been taken by learned counsel for the State that even after retirement, the petitioner has not settled the cash-book and due to that reason, Respondent no.5 till date has not issued “No objection Certificate”. This was the reason for non-payment of the aforesaid amount. After hearing learned counsel for the parties, the Court is of the opinion that the retiral dues of the petitioner cannot be withheld for such a long time on such a flimsy ground. Once the petitioner has already handed over the charge on the date of his superannuation, which was accepted by Respondent no.5, i.e. the Principal, Marwari High School, Patna City, Patna, she may not raise objection for issuance of “No objection Certificate”, which is the reason for withholding the other retiral dues of the petitioner; such as Pension, Graduity and Computation amount from the month of June, 2009 till date. Accordingly, the writ petition is disposed of with a direction to the respondent authorities to take effective steps, so that the claim of the petitioner for settlement of pension, gratuity amount as well as computation amount may be decided within a period of two months from the date of receipt/production of a copy of this order. With the above observation and direction, the petition stands allowed. NKS/- ( Rakesh Kumar, J.)