IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8989 of 2006 Bhartri Hari Singh, Son of Late Ganga Prasad Singh, resident of Baba Chowk, Kesari Nagar, P.S. Patliputra, District-Patna ------------------------- Petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary, having his office in Old Secretariat,P.S. Sachivalaya, District-Patna 2. The Secretary, Road Construction Department, having his office in Vishwesharaiya Bhawan, P.S. Shastrinagar, District-Patna 3. The Finance Commissioner, Finance Department having his office in Old Secretariat,P.S. Sachivalaya, District-Patna 4. The Join Secretary, Road Construction Department, having his office in Vishwesharaiya Bhawan, P.S. Shastrinagar, District-Patna 5. The Deputy Secretary, Road Construction Department, Vishwesharaiya Bhawan, P.S. Shastrinagar, District-Patna 6. The Under Secretary , Road Construction Department, having his office in Vishwesharaiya Bhawan, P.S. Shastrinagar, District-Patna 7. The Treasury Officer, Secretariat Treasury, Sichai Bhawan,Patna 8. The Accountant General (A& E), Bihar, Virchand Patel Path,Patna ------------- Respondents. ----------- 02 18-03-2011 Heard Sri Rupak Kumar, learned counsel for the petitioner, Sri Fakruddin Ali Ahmad, learned A.C. to Standing Counsel no.3 appearing on behalf of Respondent nos. 1 to 7 and Sri Rakesh Kumar Singh, learned counsel appearing on behalf of Respondent no.8/ Accountant General, Bihar, Patna. The petitioner, who retired with effect from 31.12.1998 as Executive Engineer from the Road Construction Department, Govt. of Bihar, has prayed for directing the Respondents to make payment of remaining 10% of pension and 10 % of Gratuity amount along with statutory interest. It has been stated by the petitioner that after retirement, authority slip for 90 % of pension as well as 90 % of gratuity was issued by the Accountant General. The petitioner is still getting only 90 % 2 pension and remaining 10 % Gratuity has not been cleared. The petitioner has also made specific averment in paragraph-11 of the writ petition that neither departmental proceeding under Section 43(b) of Bihar Pension Rules nor Judicial proceeding is pending against the petitioner. The present writ petition was filed on 27.7.2006 after serving a copy on the State. However, no counter affidavit has been filed till date. In view of the averment made in the writ petition regarding the fact that no departmental proceeding is pending against the petitioner, there is no reason to deny the petitioner to get 100 % pension as well as entire amount of gratuity. In absence of any counter affidavit, the petition stands allowed with a direction to the Respondents to take all steps for making payment of remaining 10 % of gratuity amount to the petitioner with admissible statutory interest, which is to be calculated till the date of payment. The Respondents are further directed to make payment of 100 % fixed full pension of the petitioner and pay remaining amount of 10 % of the pension with admissible statutory interest. Respondent no.2 i.e. the Secretary, Road Construction Department, Bihar is directed to take all steps for issuance of appropriate sanction in compliance with this order within a period of three months from the date of receipt/production of a copy of this order. After receipt of sanction from Respondent no.2, Respondent no.8/ Accountant General is directed to issue authority slip within a period of one month from the date of receipt 3 of sanction. The petition stands allowed. NKS/- ( Rakesh Kumar,J.)