IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11790 of 2005 BINDESHWAR THAKUR. Versus BIHAR STATE ELECTRICITY BOARD & ORS.. ----------- 3 03.05.2010 Mr. Ajay Kumar, learned counsel for the petitioner and Mr. V.K. Verma, learned J.C. to Mr. Vinay Kirti Singh, learned counsel representing the Electricity Board are present. During the pendency of the proceeding almost the entire post retiral benefits have been paid to the petitioner except 2% of his pension has been forfeited pursuant to an order passed in a departmental proceedings initiated against the petitioner contained in resolution No.874 dated 6.11.2006, copy whereof has been placed on record at Annexure-A to the counter affidavit filed today. Learned counsel for the petitioner submits that the legality and validity of the order of punishment is subject matter of C.W.J.C.No.9538 of 2007 which is pending before a Bench of this Court. He further submits that as for the present, the petitioner is entitled to the arrears of pension to the extent of 98 % which would be subject of the writ proceedings noted above. - 2 - I am in agreement with the submissions of the learned counsel and the writ petition is disposed of with the direction to the respondents to make payment of the arrears of pension of the petitioner calculated at the rate of 98% within a period of three months from the date of receipt/production of a copy of this order. The payment of the balance thereof would be subject to the final outcome of the writ proceeding pending in this Court. Bibhash (Jyoti Saran, J.)