IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1308 of 2006 RAM SEWAK MANDAL Versus THE STATE OF BIHAR & ORS ----------- 05 02.02.2010 Mr. Shashi Bhushan Kumar, learned counsel appearing for the petitioner, Mr. Himanshu Kumar, learned assisting counsel to G.A. 5 and learned counsel for the Accountant General are present. The petitioner who retired from the post of Junior Engineer from the Rural Engineering Organization Work Division, Purnea on 31.1.2005 has filed the writ petition for payment of his post retiral dues together with statutory interest as admissible thereon. During the pendency of the present proceedings a departmental proceeding was initiated against the petitioner vide order dated 6.2.2006 and which was assailed by the petitioner by filing I.A. No. 3636 of 2006 and which was disposed of by order passed on 13.08.2007, staying the departmental proceedings permanently. As a consequence of the said order the petitioner became entitled to receive his entire retiral benefits with admissible interest. Learned counsel for the petitioner submits that despite the order dated 13.8.2007 he is yet to receive his pension, gratuity, leave encashment and salary for the period 1976 to 1998 which has been admitted by the respondents 2 themselves as is apparent from the letter dated 28.4.2005 of the Chief Engineer addressed to the Executive Engineer (Annexure- 1) and the benefits arising by reason of the A.C.P. which has not yet been granted to the petitioner primarily on the pretext of the pending departmental proceedings. Learned counsel for the petitioner further submits that as the departmental proceedings itself has been stayed permanently under the orders of this Court, he is entitled to the said promotions under A.C.P. and also entitled to revision of his post retiral benefits on the basis of the said promotions. Mr. Himanshu Kumar, learned assisting counsel to G.A. 5 appearing on behalf of the State prays for time to ascertain the present status of the matter in the backdrop that the only impediment in the way of the petitioner in getting his retiral benefits and other claims i.e. the departmental proceedings in question had been stayed permanently under the orders of this Court dated 13.8.2007 and thus the respondent authorities were under obligation to make prompt payment of the same considering the fact that the petitioner retired as back as on 31.1.2005. Taking into consideration the indisputable position, no fruitful purpose would be served in keeping the writ petition pending and the same is disposed of with a liberty to the petitioner to set out his pending claims before the respondent no. 7, the Executive Engineer, Department of Rural Engineering 3 Organization, Work Division, Purnea together with a copy of the order dated 13.8.2007 and other supportive documents and who shall process the claim of the petitioner in relation to arrears of salary and post retiral dues and forward the same to the Accountant General for authorisation, if not already taken. The Accountant General shall grant authorisation within a week of receipt of the papers sanctioning post retiral dues of the petitioner. Needless to add that the entire exercise including the payment of the claims of the petitioner as found admissible together with interest should be paid to him within the period of three months of receipt/production of a copy of this order. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)