IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17402 of 2008 Mani Singh s/o late Mahadeo Singh, resident of village Berkap, P.S. Darihat, District Rohtas (Sasaram). ... ... Petitioner. Versus 1. The Bihar State Electricity Board, Patna, Through its Secretary. 2. The Secretary, Bihar State Electricity Board, Patna. 3. The Chairman, Bihar State Electricity Board, Patna. 4. The Finance Controller (Accounts), Bihar State Electricity Board, Patna. 5. Managing Director General cum Chief Engineer, Bihar State Electricity Board, Patna. ... ... Respondents. ---------------------------------- 2. 13.12.2011. Heard Shri Janardan Prasad Singh, learned counsel for the petitioner and Smt. Namrata Mishra, learned counsel appearing on behalf of all the respondents/Bihar State Electricity Board. The petitioner, who retired on 28.2.2007 as Bill Clerk from Electric Supply Division, Dehri, after not getting his retiral dues, approached this Court by filing the present writ petition. The petitioner has claimed that he is being paid only 90% provisional pension and final pension has not been decided by the authority concerned. Similarly, total amount of gratuity has not been paid. The petitioner had further prayed for directing to pay amount of leave encashment for 180 days along with admissible interest. In this case, two counter affidavits 2 have been filed on behalf of the respondents/Bihar State Electricity Board. The respondents have taken plea that there were some dispute in relation to date of birth of the petitioner and in respect of appointment of the petitioner, for which enquiry was constituted. However, till date, no decision has been taken. From the pleadings, it appears that as per stand taken by the Bihar State Electricity Board, the petitioner’s date of birth was treated as 2.2.1947. However, in service record, the date of birth was mentioned as 18.10.1947. The petitioner himself had accepted that he may be allowed to retire on the basis of date of birth fixed by the Bihar State Electricity Board as 2.2.1947 and as such the petitioner retired on 28.2.2007. In counter affidavit, it has been stated that a Committee was constituted to enquire into the matter relating to the appointment as well as date of birth of the petitioner. However, till date, enquiry has not been completed. Fact remains that no proper departmental proceeding was initiated against the petitioner as per provisions contained in Rule 43(B) of the Bihar Penal Rules. In any event, the petitioner 3 retired in the year 2007 and on the plea of an enquiry, the petitioner cannot be denied his retiral dues. In second counter affidavit, the respondents/Board has stated that amount of leave encashment to the tune of Rs.96,711/- was paid by cheque dated 26.3.2009. In view of the facts and circumstances, the court is of the opinion that writ petition can be disposed of with a direction to the respondents to finalize the pension and fix and pay full pension to the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. Respondents are further directed to pay remaining 10% amount of pension to the petitioner within aforesaid time. Similarly, gratuity amount is directed to be paid within eight weeks from the date of receipt/production of a copy of this order along with admissible statutory interest. With above observation and direction, the writ petition stands disposed of. N.H./ ( Rakesh Kumar,J.)