IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8484 of 2007 Mohan Choudhary, Son of Late Ram Dayal Choudhary, resident of Village + P.O. Dewan Ka Barka Gaon, District- Ara, at present resident of Mohalla- Mahabir Nagar, Santoshi Maa Path, Gaura Chhani, Gate No.11a, Sasaram, District-Rohtas ------------------------- Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Road Construction Department, Govt. of Bihar, Nirman Bhawan, Bailey Road, Patna 3. The Secretary, R.E.O., Nirman Bhawan, Bailey Road, Patna 4. The Chief Engineer, R.E.O.-II, Patna, Nirman Bhawan, Bailey Road, Patna 5. The Accountant General, Bihar, Patna 6. The Director, G.P.F., Pant Bhawan, Bailey Road, Patna -------------------------- Respondents. ----------- 03 23-06-2011 Heard Sri Dinbandhu Singh, learned counsel for the petitioner, learned counsel appearing on behalf of the Respondent nos.1 to 4 and 6 /State and Sri Braj Nandan Prasad, learned counsel appearing on behalf of Respondent no.5/ Accountant General, Bihar, Patna. The petitioner, who retired long back on 31st January, 2002, has prayed for directing the Respondents to make payment of full amount of gratuity, G.P.F., leave encashment, full pension, dues of salary from February, 1999 to 31.1.2002 and other reliefs. Learned counsel for the petitioner submits that after retirement only 90 % of gratuity amount was paid to the petitioner and till date he is getting 90 % of the pension amount. The petitioner has made specific statement in paragraph-6 of the writ petition that during the whole service career, no departmental enquiry was ever conducted nor any adverse remark was passed against the petitioner. 2 The present writ petition was filed on 18.7.2007 after serving a copy of the same on learned counsel for all the Respondents. The petitioner has retired in the year 2002 and despite the fact that he has not been paid all his retiral dues and till date he is getting only 90 % of the pension amount, the Respondent/ State has not bothered to file any counter affidavit. On earlier date of hearing even none appeared on behalf of the State, which is evident from the order dated 22.06.2011.In such a situation, the Court is of the opinion that the matter for redressal of retiral dues of the petitioner cannot be kept pending indefinitely. In view of the averments made in the writ petition and material on record, the Court is of the opinion that the petitioner is entitled to get all the reliefs sought for in the present writ petition. Accordingly, the writ petition stands allowed. The concerned State Authority is directed to clear all the dues of the petitioner within a period of two months from the date of receipt/production of a copy of this order. So far clearance of full pension and clearance of remaining 10 % gratuity amount is concerned, the Respondent/State shall take all steps for issuance of sanction within a period of two months from the date of receipt/production of a copy of this order. It is expected that after receipt of the sanction from the State authority , Respondent no.5/ Accountant General, Bihar, Patna will issue authorization without any delay preferably within a period of four weeks from the date of receipt of order of sanction. With above observation and direction, the writ petition stands allowed. 3 It is made clear that the petitioner shall be entitled to get admissible interest on delayed payment. NKS/- ( Rakesh Kumar, J. )