IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16368 of 2004 RAMESH CHANDRA ROY Versus THE STATE OF BIHAR & ORS ----------- 05/ 15.07.2008 From 03.01.2008 this writ petition is being adjourned at the instance of the respondent-State, but inspite of specific order dated 01.07.2008, enabling the State counsel to file a supplementary counter affidavit stating as to why 9% of pension has not been paid as yet although the Government has already recommended the same by order dated 01.10.2007 ( Annexure 6) and why 1% of the pension and 10% of the gratuity are still withheld although neither any proceeding was conducted in accordance with law nor any report has been served upon the petitioner nor any order with respect thereto has been shown by the authorities concerned, no supplementary counter affidavit has been filed till the date. It transpires from the writ petition as well as the counter affidavit filed on behalf of respondents no.4 and 5 on 16.10.2006, petitioner’s reply to the counter affidavit and counter affidavit filed on behalf of respondent no.6 on 03.10.2007, that the petitioner has retired on 31.01.1999 while he was posted as Superintending Engineer in Bihar State Housing Board, Works Circle, Ranchi. All the retrial dues, except 10% of gratuity and 10% of pension have already been paid to the petitioner and for the non- payment of remaining 10% of gratuity and pension specific statements were sought from the authorities concerned but neither they filed any affidavit with respect thereto nor they have even instructed their learned counsel on that point. In the said circumstances, the said claim of the petitioner is impliedly accepted by the respondent-authorities. - 2 - It is not in dispute that 9% of pension has not been paid as yet to the petitioner although the Government has already recommended the same by order dated 01.10.2007 ( Annexure 6). It is also not in dispute that 1% of the pension and 10% of the gratuity are still withheld despite the facts that neither any proceeding was conducted in accordance with law nor any report has been served upon the petitioner nor any order with respect thereto has been passed/shown by the authorities concerned. In the said circumstances, this writ petition is allowed and the Secretary, Housing Department (respondent no.1) is directed hereby to sanction payment of remaining 1% of the pension and 10% of the gratuity to the petitioner and send the sanction order to the Accountant General within six weeks from today. The Accountant General (respondent no.6) is also directed to issue authority slip with respect to 9% of the pension if not already issued to the petitioner within four weeks from today and also to issue authority slip of remaining 1% of the pension and 10% of the gratuity within four weeks from the date of receipt of the order of sanction from the Government with respect thereto. It may be stated in this connection that if the petitioner is aggrieved by the amount paid to him in regard to arrears or interest he will be at liberty to move before the concerned authority for the same after receipt of the aforesaid amount. MPS/ ( S. N. Hussain, J. )