IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8239 of 2009 SHANKAR RAM, S/O Late Bhikhar Ram, resident of Village Math Banwari, P.S. Piprakothi, District East Champaran. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Water Resources Department, Sinchai Bhawan, Patna. 2. The Joint Secretary, Water Resources Department, Sinchai Bhawan, Patna. 3. The Deputy Secretary, Water Resources Department, Sinchai Bhawan, Patna. 4. The Engineer-in-Chief, North Water Resources Department, Sinchai Bhawan, Patna. 5. The Finance Commissioner, Finance Department, Old Secretariat, Patna. 6. The Treasury Officer, Motihari. 7. The Accountant General (A&E), Birchand Patel Path, Patna. ----------- 2. 20.7.2009 Heard the learned counsel for the petitioner and the respondent-State. The grievance of the petitioner is that the respondent- authorities are not releasing his gratuity amount and pension to the extent of 10% each and 40% value of the commuted pension allegedly on the ground that a proceeding under rule 43(b) of the Bihar Pension Rules is pending against him. It is submitted on behalf of the petitioner that so long no final order is passed in such proceeding, it is not permissible on the part of the respondent-authorities to withheld any part of the above amount in view of the decision of the Division Bench of this Court in the case of Bajrang Deo Narain Sinha v. State of Bihar, reported in 1999(3) PLJR 949 Mr Kumar Ravis, Assistant Counsel to Government Pleader no.1 submits that in view of the aforesaid Division Bench 2 decision of this Court, decision shall be taken by the respondents at the earliest. In the above circumstances, the respondents are directed to take a final decision considering the aforesaid decision of this Court with regard to the payment of aforesaid retiral dues. Such decision be taken within a period of three months on receipt/production of the certified copy of this order. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)