IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14333 of 2008 Tarni Mandal, S/o Late Sriprasad, Resident of Village – Faridpur (Uttartola), P.O. – Jamalpur, P.S. – Jamalpur, District – Munger. -------- Petitioner Versus 1. The State Of Bihar through Secretary, Primary and Secondary Education, Bihar, Patna. 2. Director, Secretary Education, Bihar, Patna. 3. District Education Officer, Munger, District – Munger. 4. District Provident Fund Officer, Munger, District – Munger. 5. Headmistress, N.C. Ghosh Girls High School, Jamalpur, Munger. 6. The Accountant General, Bihar, Patna. -------- Respondents ---------------------------------- 2 23.11.2011 Heard Sri Suman Kumar Mishra, learned counsel for the petitioner, Sri Prakash Kumar Pankaj, learned A.C. to Government Pleader No. 3, appearing on behalf of Respondent No. 1 to 4 and Sri L.P.K. Rajgrihar, learned counsel appearing on behalf of Respondent No. 6/Accountan General, Bihar, Patna. The present writ petition was filed with a prayer to direct the Respondents to pay all his retiral dues. The petitioner has retired as ‘Head Clerk’ with effect from 29.02.2004 from N.C. Ghosh Girls High School Jamalpur, Munger. Since no retiral dues was paid the petitioner approached this court by filing the present writ petition. In this case a counter affidavit has been filed on behalf of Respondent No. 3 /District Education Officer, Munger, wherein, it has been indicated that delay had occurred due to the reason that the petitioner had not furnished certain documents and forms. However, provisional pension as well as gratuity was sanctioned. Thereafter, no affidavit has been filed by the State authority as to whether pension has been finalized or not. 2 Learned counsel for the petitioner submits that the petitioner is now getting provisional pension and other dues have been paid but still remaining amount of gratuity and final pension has not been fixed. In view of the fact and circumstances particularly the fact that there is no material on record to show as to whether any proceeding was pending against the petitioner, the court is of the opinion that writ petition can be disposed of with a direction to Respondents particularly Respondent No. 3 to finalise the pension of the petitioner and pay arrear of pension as well as difference of gratuity amount to the petitioner without any delay. The Respondent No. 3 is required to finalise and issue sanction order within a period of eight weeks from the date of receipt/production of a copy of this order finalizing the pension and gratuity of the petitioner. Thereafter, Respondent No. 6 / Accountant General, Bihar, Patna is required to issue authorization within four weeks from the date of receipt of sanction order from the State authority. It was further submitted by the petitioner that pension had also not been commuted. Respondent No. 3 is required to finalise pension and gratuity as well as take final decision regarding commutation of pension from the date of receipt/production. The writ petition with above observation and direction stands disposed of. Praful ( Rakesh Kumar, J.)