IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20513 of 2011 Subhadra Kumari Sinha, W/o Harihar Prasad, Retired public Health Nurse, Directorate of Health Services, government of Bihar, Patna, Permanent resident of Village Tulsipore, P.S. Hulasganj, District Jehanabad, At present residing at R.L. Vatika, Flat No.403(B), Dwarika Nath Lane, Salimpur Ahra, P.S. Gandhi Maidan, Patna-03. ... ... Petitioner. Versus 1. The State Of Bihar through the Principal Secretary, Health Services, Govt. of Bihar, Patna. 2. The Director-in-Chief, Health Services, Govt. of Bihar, Patna. 3. The Deputy Director, Health Services, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Health, Patna Division, Patna. 5. The Principal, Regional Health and Family Welfare Training Centre, Sheikhpura, Patna. 6. The District Treasury Officer, Patna. 7. The Accountant General, Bihar, Patna. ... ... Respondents. ---------------------------------- 2. 25.11.2011. Heard Shri Girdhar Upadhyaya, who was assised by Shri Dharmendra Kumar, learned counsel for the petitioner, Shri Ajay, learned S.C.11 appearing on behalf of respondent nos.1 to 6/State of Bihar and learned counsel appearing on behalf of respondent no.7/Accountnant General, Bihar, Patna. The petitioner, who retired on 30.6.2010 as P.H.N.(Public Health Nurse) from Regional Health and Family Welfare Training Centre, Sheikhpura, has prayed for directing the respondents to make payment of pension, gratuity, arrear of difference of salary as per 6th Pay Revision and also 2 payment of amount of leave encashment along with interest. The petitioner has made categorical statement that after retirement, she has been paid the amount under the head of G.P.F. and G.I.C. However, till date neither other retiral dues has not been cleared nor petitioner is getting pension. It has been categorically stated that no proceeding was pending against the petitioner either departmental or criminal and entire service record of the petitioner was totally clean. Shri Ajay, learned State counsel for State had raised preliminary objection on the point of maintainability of the writ petition taking the plea that this Court on 18.5.2011 in C.W.J.C. No.2167 of 2011 has already observed for expediting the claim of the petitioner for settlement of her dues including pension etc. It was submitted that since relief which has been sought for in the present writ petition has already been granted by this Court by a coordinate Bench of this Court, second writ for the same relief is not maintainable. However, he submits that the writ petition can be 3 disposed of in terms of order passed in earlier writ petition. Learned counsel for the petitioner, in view of objection raised by learned counsel for the State, submits that in earlier writ petition, the petitioner had confined her prayer for a direction to grant pay band of Rs.4800/-. In the said writ petition, the petitioner had not claimed for retiral dues such as pension etc. However, this Court, keeping in view the fact that petitioner had already retired on 30.6.2010 and a cardiac patient under going treatment and required immediate assistance, had issued direction for clearing for pensionary dues also. In view of the fact that petitioner in earlier writ petition had not prayed for retiral dues and this Court has issued direction for expediting settlement of even pension and etc., the court is of the opinion that without issuing specific direction, writ petition can be disposed of with an observation to comply the order dated 18.5.2011 passed in C.W.J.C. No.2167 of 2011 within a period of eight weeks from 4 the date of receipt/production of a copy of this order. The court is conscious about the urgent need of money to the petitioner in view of observation of this Court in earlier writ petition. The court expects that without any delay, the respondents will take steps to settle all the retiral dues of the petitioner. The writ petition stands disposed of. N.H./ ( Rakesh Kumar,J.)