IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.492 of 2009 SURENDRA MANDAL, son of Late Madho Mandal, resident of Village Tazpur Devghara, P.S. Medanichauki District Lakhisarai. Versus 1.THE STATE OF BIHAR through Additional Chief Medical officer, District Malaria Office, Munger. 2.Chief Secretary, Govt. of Bihar, Patna. 3.Health Secretary, Health Department, Govt. of Bihar, New Secretariat, Patna. 4.Director in Chief, Health Department, Bihar, Patna. 5.Commissioner, Munger Commissionary, Munger. 6. Regional Director, Health Services, Munger Commissionary, Munger. 7.Collector, Munger, District Munger. 8.Collector Lakhisarai, District lakhisarai. 9.Civil Surgeon Cum Chief Medical Officer, Mungr. 10.Civil Surgeon Lakhisarai, Sadar Hospital, Lakhisarai. 11.Addl. Chief Medical Officer Cum Drawing and Disbursement officer, Munger, Health Department Munger District Munger. 12.Rajeev Kumar Sharma, clerk, Distt. Malaria office Munger. ----------- 2 4/5/2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “To issue a writ of Mandamus directing the respondents for making the payment of all post retirement benefits as payable amount with interest of Gratuity, Provident Fund, Group Insurance, earned leave, pension and for fixation of pension on the payable amount of first stagnation increment 1998 and the benefits of A.C.P. and immediate direction for payment of provisional pension and any other payable dues to the petitioner and for direction for taking penal action against the responsible persons officers for not making the payment of the post retirement benefits within the stipulated period. And be pleased issued any other writ/writs, direction/directions, order/orders as your Lordships may deem fit and proper.” Counsel for the petitioner would submit that despite the fact that the petitioner has retired on 31.8.2008 from the Primary Health Centre, Surajgarha, Lakhisarai after completing 2 his services of 40 years, 8 months and 18 days he has not been paid a farthing towards retirement benefit. Details of the writ petition would not be required tobe gone into in view of the fact that though copy of this writ petition was served on the office of the Advocate General on 18.12.2008 and the writ petition remained pending further 15 months counsel for the State has not cared to file counter affidavit. Today, when the case was taken up, as usual prayer to grant two weeks time for filing of counter affidavit is made. Such careless and negligent attitude of the respondents can not be however allowed to continued. Therefore this Court would now dispose of this writ petition with a direction to the Director-in-Chief, Health Services Government of Bihar and the Additional Chief Medical Officer to ensure that whatever retirement benefit to which the petitioner is entitled, must be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order. The respondents would also be under obligation to give details of such payments and of course would be liable to pay the amount of statutory interest on G.P.G. and 5% interest on other pensionary benefits in terms of the Government circular of the Finance Department. The entire admitted payment of the amount of retirement benefit along with interest must be made to the petitioner within a period of three months from the date of receipt of a copy of this order. 3 With the aforesaid observations and directions this writ application stands disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)