WP(C) 5817/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY None appears for the petitioner. I have heard Mr. K. Pathak, learned sta nding counsel appearing for the Public Works Department. The grievance of the petitioner in the present petition is that though h e retired from service on attaining the age of superannuation on 28.02.2001, the amount payable towards GPF and GIS have not been paid to him despite the direct ion contained in the order dated 17.02.2004 passed by this Court in WP(C) No.986 /2004 directing the respondents therein to take all necessary follow-up actions towards payment of final settlement dues and pensionary benefits as admissible t o the petitioner. It has also been submitted in the writ petition that for non-p ayment of pensionary and other dues, though he filed the contempt petition being Cont.Cas(C) No.705/2004, the same was closed vide order dated 25.09.2009, on th e basis of the contention of the respondents therein that appropriate steps are being taken for payment of dues against GIS and GPF to the petitioner. According to the petitioner the said amount has not been paid till date even after expiry of almost 10(ten) years from the date of retirement of the petitioner. On the backdrop of such assertion of the petitioner, the learned standin g counsel PWD was directed to obtain instruction and accordingly 10(ten) days ti me was granted vide order dated 01.11.2010. The case was thereafter listed on 12 .11.2010, on which date also it was adjourned till 22.11.2010 on the prayer of t he learned standing counsel. The case now has been listed for admission hearing today i.e. on 11.01.2011. The learned standing counsel PWD on the basis of the written instruction received from the Executive Engineer, PWD (Boarder Roads), Patharkandi, Karimga nj, respondent No.3, has submitted that though the amount payable towards the GI S to the petitioner has been sanctioned on 30.09.2010, the said amount however h as not been paid to the petitioner till date. It has also been submitted that th e amount due and payable towards the GPF though was earlier drawn by the office, but since there was theft of the said amount, it could not be paid on earlier o ccasion and the same would however be paid as soon as the amount is re-sanctione d by the Government. It is not in dispute that the petitioner retired from service on attaini ng the age of superannuation on 28.02.2001. The petitioner is moving from pillar to post for getting the retiral benefit, which has not been paid by the respond ents till date, despite expiry of almost 10(ten) years from the date of retireme nt. The petitioner earlier approached this Court in WP(C) No.986/2004 claiming t he pensionary benefit, which was disposed of vide order dated 17.02.2004 directi ng the respondents to take all necessary follow-up action towards payment of fin al settlement dues and pensionary benefits as is admissible as per rules. The sa id exercise was directed to be completed within a period of 2(two) months from t he date of receipt of the certified copy of the order passed along with a copy o f the writ petition. Despite receipt of the copy of the writ petition as well as the said order, since the directions contained in the said order was not compli ed with, the petitioner had to approach this Court in Cont.Cas(C) No.705/2004. T he said contempt proceeding was closed vide order dated 25.09.2008 after noticin g the contention of the respondents therein that a small portion of his GIS and GPF entitlement could not be paid as there was theft of the sanctioned amount f rom the concerned Government office. In the said order the submission of the learned counsel appearing for th e respondent No.1 therein that the appropriate steps are being taken for payment of the remaining dues, which could not be paid because of the theft, has also b een recorded. The entitlement of the petitioner towards the GIS and GPF are not in dis pute. The learned standing counsel PWD on the basis of the instruction received, as aforesaid, has submitted that the amount payable towards the GIS has been sa nctioned on 30.09.2010. The said amount however has not been paid till date thou gh more than 3(three) months have elapsed from the date of such sanction. It is also the submission of the learned standing counsel that the GPF amount payable to the petitioner could not be paid, as the amount has not been re-sanctioned by the authority concerned. The fact remains that the amount payable to the petiti oner towards GIS and GPF have not been paid despite expiry of almost 10(ten) yea rs from the date of retirement of the petitioner. The payment of pentionary benefit is not a bounty. It is a right of an e mployee to receive the said amount. The respondent authorities despite expiry of 10(ten) years from the date of retirement have not been paid the said amount, t hough a direction was issued vide order dated 17.02.2004 passed in WP(C) No.986/ 2004 directing the respondents to pay the amount to which the petitioner is enti tled to, within 2(two) months as aforesaid. That being the position, the present writ petition is allowed with direc tion to the Commissioner and Secretary to the Govt. of Assam, PWD; the Chief Eng ineer, PWD (Boarder Roads) as well as the Executive Engineer, PWD (Boarder Roads ) to release the said amount to the petitioner within 60 days from today. The pe titioner shall also be entitled to the interest @12% per annum from the date whe n such amount was due and payable under the relevant rules. The principal amount as well as the interest accrued thereon shall be paid within 60 days from today . The writ petition is accordingly allowed.