IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3874 of 2007 PARSHURAM PRASAD @ PARSHURAM Versus THE STATE OF BIHAR & ORS ----------- 02/ 04.02.2010 Heard Mr. Sanjay Kumar @ Manu for the petitioner and Mr. B.K.P. Sinha, G.P. 3 for the State. The petitioner having retired from the post of Karamchari with effect from June, 2003 has filed the writ petition for payment of his post retiral benefits relating to general provident fund, leave and pension together with admissible interest thereon. A counter affidavit has been filed on behalf of the respondent nos. 2 and 3 on 14.5.2007 and in paragraph 6 thereof it has been stated that a sum of Rs. 29,428/- was paid to the petitioner towards his G.P.F. claim for the period 1984-89 to 2003-04. It is further stated that for the rest period i.e. from October, 1977 until 31.1.1983, the deductions schedule has been forwarded to the District Provident Fund Officer, Gaya for issuance of authority slip for making payment of the same to the petitioner. Copy thereof has been placed at Annexure-B and B/1 of the counter affidavit filed on behalf of the respondent nos. 2 and 3. In paragraph-7 of the counter affidavit it is stated that the leave encashment amount has been paid to the petitioner by Bill dated 4.12.2004 placed 2 at Annexure-B/2. In so far as fixation of pension is concerned, it is stated in paragraph-10 of the said counter affidavit that 100 per cent provisional pension at the rate of Rs. 2399/- is being paid to the petitioner since after his retirement but despite notice having been given to the petitioner for submission of his application in the prescribed form for authorization of final pension, gratuity, commutation etc., he has not come forward to submit the same. It is thus stated that on the basis of the said document the petitioner is drawing 100 per cent provisional pension @ 2399/-. It is further stated that gratuity amount of Rs. 1, 17,079/- has been paid to the petitioner and that the petitioner has also been paid an amount of Rs. 69,464/- towards his group insurance. The counter affidavit was filed on 2007 but there is no rejoinder to the same. However, having regard to the submission made in the counter affidavit, the writ petition is disposed of with a liberty to the petitioner to raise his grievance in relation to the provident fund amount relating to the period October,1977 to 31.3.1983 before the District Provident Fund Officer, Patna in case the same has not yet been paid and who shall consider the same and if the said amount has not yet been disbursed to the petitioner, then the payments should be made within a period of three months from the date of filing of the 3 representation together with upto date admissible interest. In case the petitioner has not yet filed the prescribed form for sanction of the pension and gratuity, then he may do so without causing further delay and whereupon the order sanctioning pension and gratuity should be forwarded expeditiously for seeking necessary authorization from the Accountant General, who would also take expedient steps for granting authorization of the same so that the remaining benefits is received by the petitioner without further delay. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)