IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1864 of 2011 USHA KUMARI, WIFE OF MAHESH KUMAR SINGH, RESIDENT OF VILLAGE SATTAR, P.O. SARAI, P.S. MANER, DISTRICT PATNA; AT PRESENT RESIDING IN MOHALLA GANDHI NAGAR, GABHTAL, DANAPUR, P.O. DIGHA, P.S. DANAPUR, DISTRICT PATNA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR, LHEALTH SERVICES, BHAGALPUR DIVISION, BHAGALPUR. 4. THE DISTRICT MAGISTRATE, BANKA. 5. THE CIVIL SURGEON – CUM – CHIEF MEDICAL OFFICER, BANKA. 6. THE DEPUTY COLLECTOR, ESTABLISHMENT, BANKA. 7. THE INCHARGE MEDICAL OFFICER, REFERRAL HOSPITAL, BAUNSI, DISTRICT BANKA. 8. THE TREASURY OFFICER, BANKA. 9. THE ACCOUNTANT GENERAL (A & E), BIHAR, PATNA. ... ... RESPONDENTS. ----------- 2. 2.2.2011. Heard Shri Bibhakar Tiwary, learned counsel for the petitioner, Shri Rajesh Kumar, learned A.C. to G.P.10 as well as Shri Vivekanand Kuer, learned counsel appearing on behalf of the respondent no.9 i.e. Accountant General. The petitioner’s mother died in harness on 29.11.2008, while she was posted as Lady Health Visitor in Referral Hospital, Baunsi, District Banka. It has been prayed by the petitioner that she is only surviving legal heir of her mother and for the death-cum-retiral dues. The 2 petitioner had approached the authority concerned for payment of death-cum-retiral gratuity as well as leave encashment amount. Learned counsel for the petitioner has also drawn my attention to Annexure-5 to the petition whereby payment order was issued by the Accountant General in respect of death-cum-retiral gratuity for an amount of Rs.3,50,000/-. It was submitted that despite the authority slip issued by the Accountant General was for payment of Rs.3,50,000/-, without any reason, only Rs.50,000/- was paid to the petitioner and Rs.3,00,000/- has been illegally with-held. Learned counsel for the petitioner has also drawn my attention to Annexure-9 to the petition whereby the respondent no.5 i.e. Civil Surgeon-cum-Chief Medical Officer, Banka had sought clarification from respondent no.7, the Incharge Medical Officer, Referral Hospital regarding with- holding of the amount. In view of the facts and circumstances of the present case, the court is of the opinion that the writ petition is fit to be allowed. Accordingly, 3 the writ petition stands allowed with a direction to respondent no.5 to immediately take all steps for payment of entire dues under the head of gratuity as well as leave encashment. All the payment should be made within a period of two months from the date of receipt/production of a copy of this order. In view of the fact that the Accountant General had already issued payment order in respect of D.C.R. gratuity for an amount of Rs.3,50,000/-, there was no reason to with-hold the said amount by the respondent concerned. It was serious lapses on the part of the authority concerned which requires to be enquired into by the competent authority for fixing responsibility as well as recovery of the interest amount on delayed payment, which is required to be paid to the petitioner. The respondent no.2 i.e. Principal Secretary, Department of Health and Family Welfare is directed to conduct an enquiry regarding such lapses and fix responsibility for delayed payment. The petitioner shall also be entitled to get 4 interest on delayed payment. The petition stands allowed. Let a copy of this order be handed over to learned counsel for the State. N.H./ ( Rakesh Kumar,J.)