IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1391 of 2010 GOPAL PRASAD Versus THE STATE OF BIHAR & ORS ----------- 02/ 28.01.2010 Mr. Subodh Kumar Jha for the petitioner, Mr. Rakesh Kumar Sinha, assisting counsel to A.A.G. 7 and Mr. Anil Kumar Singh , learned counsel for the Accountant General are present. The petitioner retired from the service of the respondent while holding the post of Superintending Engineer-cum-In- Charge Chief Engineer, Building Construction Department, Government of Bihar with effect from 30.6.2009. Learned counsel submits that no amount towards post retiral benefits has been received by the petitioner despite having retired more than a year and half back. It is submitted that a criminal case was instituted against the petitioner giving rise to Vigilance Case No. 12 of 2009. It is stated that even in terms of the Circular of the State Government the respondents are acting without jurisdiction in withholding the retiral benefits of the petitioner on the pretext of pending criminal case. Learned counsel submits that the respondents are under obligation to pay the admissible retiral dues of the petitioner in terms of their own Circular. Learned counsel for the petitioner states that he would be representing before the authorities concerned for payment of his post retiral dues and who may be appropriately directed for considering the same and for making payment of the 2 dues with interest. Having regard to the circumstances, this writ petition is disposed of with a liberty to the petitioner to raise his grievance before respondent nos. 2 and 3 in relation to his post retiral dues. Needless to add that upon such representation being filed, the respondents no. 2 and 3 would consider the same in the light of the State Government Circular and make payment of the admissible amount of the retiral dues of the petitioner together with admissible interest thereon within a period of three months from the date of filing of the representation. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)