IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.502 of 2003 SMT. SUMITRA DEVI & ORS Versus THE STATE OF BIHAR & ORS ----------- 15/ 07.07.2008 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Accountant General. This writ petition was earlier filed by the original petitioner Bindeshwar Prasad Sinha(since dead)for his retiral dues, namely, final pension , D.C.R., Gratuity, leave encashment, Group Insurance with interest, etc. as he had retired on 28.02.1997 from the post of Administrative Officer, Planning and Development Department, Government of Bihar. The said petitioner died during the pendency of this writ petition and his heirs were substituted in his place vide order dated 20.03.2006. An affidavit was filed on behalf of respondent no.4 in which it was stated that earlier vide order dated 10.05.2004, 25 % of petitioner’s pension was withheld but by subsequent order dated 13.12.2007 the authorities concerned cancelled the earlier order and accordingly by order dated 03.01.2008 the Planning and Development Department issued a letter to the Accountant General, Bihar vide Memo No. 18 dated 03.01.2008 directing him to release all pensionary dues in favour of the widow of the original petitioner including the aforesaid 25% of pension which was earlier withheld. Now learned counsel for the Accountant General states that authority slip has been issued with regard to full pension and revised pension, etc. to the petitioners as well as to the Treasury Office, Patna 2 from where the petitioners can take out the said amount in accordance with law. In the said circumstances, no retiral dues as claimed by the petitioners remain to be paid. However, during the pendency of this writ petition another grievance of the petitioners was sprung up with regard to fixation of pension of original petitioner in promotional scale of under Secretary to which he was legally entitled. Hence, by order dated 14.02.2008 this court directed the Secretary, Planning and Development Department to issue sanction order in favour of the deceased petitioner for fixation of any promotional scale if found entitled . In that view of the matter, a third supplementary counter affidavit has been filed on behalf of respondent no.3 stating that the matter of promotion of original petitioner on the post of under Secretary was placed before the Departmental Promotion Committee in its meeting held on 26.06.2008 for consideration and recommendation and it was cleared by the Departmental Promotion Committee. It is further stated that consent of Finance Department, approval of the Chief Minister and sanction of the Council of Ministers in the proposal are to be taken and thereafter a notification for promotion of the original petitioner on the post of under Secretary would be issued and for that two months time was sought for. In the said circumstances, this writ petition is disposed of with a liberty to respondent no.3 to personally look into the matter and get it finalized without any unnecessary delay so that the entire amount 3 payable to the petitioners relating to fixation of pension of the original petitioner in the promotional scale of under Secretary is paid within two months from today. Let a copy of this order be handed over to Sri Umakant, learned counsel for the Accountant General, for appropriate steps. harish/ (S.N.Hussain, J.)