IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11940 of 2010 DEVENDRA PRASAD SINGH, aged about 65 years, Retired Accounts Assistant, Electric Supply Division, Gulzarbagh, son of Late Janki Prasad Singh, resident of P.O. Parsa Via-Baheri, P.S. Hathauri, District Samastipur. ---Petitioner Versus 1. The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna. 2. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 3. The Director (Terminal Benefit), Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 4. The General Manager-cum-Chief Engineer, Patna Electric Supply Undertaking, Mangles Road, Patna. 5. The Electrical Superintending Engineer, Patna Electric Supply Undertaking (East), Ashok Rajpath, Patna-4. 6. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. ---Respondents ----------- 2. 29.7.2010 Heard the learned counsel for the petitioner and the respondent-Board. It is submitted that the petitioner retired from the service of the Board on 31st of January, 2006 while working on the post of Accounts Assistant in the office of respondent no.5. Till date, the petitioner is getting 90% of the provisional pension. However, no gratuity as also the amount of leave encashment has been sanctioned and paid. It is submitted that under the rules, the petitioner is also entitled to receive the gratuity at least to the extent the provisional pension is being paid and also the amount of leave encashment. Besides the above, it is submitted that a good number of retired employees as indicated in paragraph 6 of the writ application are 2 being paid the gratuity and the leave encashment as well, besides the provisional pension. Learned counsel submits that under the provisions of the Bihar Pension Rules, the pension includes gratuity and there is no provision for withholding of the amount of leave encashment. Learned counsel appearing for the Board submits that the claims of the petitioner shall be considered as per law. In the above circumstances, the learned counsel for the petitioner submits that for expeditious disposal of the pending claims as highlighted in this writ application, the petitioner proposes to file a fresh representation before the Secretary, Bihar State Electricity Board, Patna (respondent no.2). In case such a representation is filed stating the details of his unpaid claims as also enclosing the copy of the relevant documents, if any, in support of such claims along with the certified copy of the present order within a period of four weeks, the grievances of the petitioner as raised in his representation be considered and disposed of by a reasoned order, in accordance with law expeditiously, preferably within a period of four months on receipt of such representation. Upon consideration, however, if the representation of the petitioner finds favour, the admitted dues, if any, may also be paid. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)