IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.266 of 2009 RADHE BAITHA, S/O LATE LALJI BAITHA, R/O LAKSHMI KANT NIKETAN PARISAR, APARTMENT NO.405, JAMAL ROAD, P.S. GANDHI MAIDAN, TOWN AND DISTRICT PATNA. -APPELLANT Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY TO THE GOVT. OF BIHAR, PATNA. 3. THE COMMISSIONER CUM SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE COMMISSIONER CUM SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA. 6. THE SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 7. THE DIRECTOR, PROVIDENT FUND DIRECTORATE, PANT BHAWAN, BAILEY ROAD, PATNA. 8. THE ACCOUNTANT GENERAL, BIHAR, BIRCHAND PATEL PATH, PATNA. -RESPONDENTS 3 16.04.2009 Writ petitioner retired from service on 30th June, 2008. He approached this Court stating that his retirement benefit was not paid as departmental proceeding was pending against him. Learned court directed payment of provident fund to the writ petitioner. It was also directed that post retirement benefits will be made after departmental proceedings are over. It is stated that departmental 2 proceeding is pending. In such circumstances, he is entitled to provisional pension as per rule from the date of retirement. Therefore, no dues in regard to pay, provisional pension, arrear of provisional pension shall be paid within two months of receipt of copy of this order. We direct that departmental proceeding be concluded as early as possible in any event within six months from today so that the matter can be finally Settled. If departmental proceeding is not over even after six months his gratuity also shall be paid unless extended time is allowed by the Court. The appeal is disposed of, as above. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad