IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16045 of 2005 MITHILESH KUMAR KARN Versus THE STATE OF BIHAR & ORS ----------- 3 20.05.2010 Heard Mr. Praveen Kumar, learned counsel for the petitioner and Mr. Anant Kumar, learned A.C. to S.C.11 for the State. The petitioner is the son of late Jay Kant Lal Das, who died in harness while holding the post of Karipal in Nahar Rajaswa Pramandal, Bhagalpur, Minor Irrigation Department of the Government of Bihar. The petitioner herein complains of less payment towards gratuity claim of his late father. Learned counsel for the petitioner submits that although the respondents have made payment of Rs. 17,500/- towards gratuity amount of the deceased employee but he is yet entitled for a further amount of Rs. 95,000/-. He submits that despite representing before the Deputy Commissioner, respondent No.3 raising the said grievance, nothing has resulted therefrom forcing the petitioner to move this Court through the present writ petition. Having regard to the nature of the grievance raised in the writ petition coupled 2 with the fact that no counter affidavit has been filed on behalf of the respondent despite the pendency of the proceedings before this Court since last more than five years, I deem it fit and appropriate to dispose of the writ petition with a direction to the respondent No.3, the Deputy Commissioner to consider the claim of the petitioner for payment of a further gratuity amount of Rs. 95,000/- and if the same is found admissible to the petitioner, the payment may be made within a period of three months from the date of receipt/production of a copy of this order. However, in case respondent No.3 is of the opinion that the petitioner is not entitled to the said amount he may dispose of the same by a speaking order. Bibhash ( Jyoti Saran, J.)