IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4805 of 2005 TAPAS KUMAR MUKHERJEE, son of late Manoranjan Mukherjee, residing at Narayanpur Colony, P.O. Bandal, District – Hooghly (West Bengal). ………….. Petitioner Versus 1. THE STATE OF BIHAR. 2. Advocate General, Bihar, Patna. 3. Accountant General, Bihar, Patna. 4. Secretary , Department of Personnel and Administrative Reforms, Secretariat, Patna. 5. Secretary, Energy Department, Secretariat, Patna. 6. Secretary, Building Construction Department, Secretariat, Patna. 7. Secretary, Rural Development Department, Secretariat, Bihar, Patna. 8. Executive Engineer, Tax Division, Punaichak, Patna. ----------- 04. 05.02.2009 Payment of retiral dues is not the issue left now for decision in the present writ application. Petitioner is now aggrieved because a sum of Rs.17,857.50 has been deducted from his gratuity amount. This amount was deducted under the head of rent which the petitioner was obliged to pay the government for being in possession of official accommodation. This amount has been worked out on the basis of revised or enhanced quarter rent which was not paid by the petitioner while he was in service. Respondents in their counter affidavit have stated that this fact was pointed out earlier to the petitioner but since no steps have been taken in this regard by him, the only way left for the respondents was to adjust this amount which is a rightful dues of the government. Learned counsel for the petitioner submits that after retirement no deductions can be made if it had not been made while he was service. - 2 - The Court has some difficulty in accepting such a submission merely on the ground that employee has also an obligation to meet his responsibility and payment of rent for the official accommodation at the rate applicable to the employee in question is part of the said responsibility. The Court is not inclined therefore to pass any order against the recovery which has been effected under the quarter rent. Since other dues have already been paid the writ application has lost its meaning and it has become infructuous. It is dismissed as such. rkp (Ajay Kumar Tripathi, J)