IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6504 of 2011 INDIRA SINHA, WIFE OF SRI KAMALDEO SINHA, RESIDENT OF FLAT NO. A-31, SHIVAM ENCLAVE, NORTH ANANDPURI, WEST BORING CANAL ROAD, PATNA, POLICE STATION-S.K. PURI, DISTRICT-PATNA. ……. PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCE DEPARTMENT (H.R.D.), GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCE DEPARTMENT (H.R.D.), GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR (PRIMARY EDUCATION), HUMAN RESOURCE DEPARTMENT (H.R.D.), GOVT. OF BIHAR, PATNA. 4. THE PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL JUSTICE, THE GOVT. OF BIHAR, PATNA. 5. THE DIRECTOR, INTEGRATED CHILD DEVELOPMENT SCHEME UNDER THE DEPARTMENT OF SOCIAL JUSTICE, GOVT. OF BIHAR, PATNA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI. 7. THE DISTRICT PROGRAMME OFFICER, (I.C.D.C.), JAMAUI, BIHAR. 8. THE CHILD DEVELOPMENT PROJECT OFFICER, (C.D.P.O.), KHAIRA, JAMAUI. 9. THE ACCOUNTANT GENERAL, BIHAR, PATNA. ………… RESPONDENTS ----------- 2 13.04.2011 Learned counsel for the petitioner is permitted to implead Accountant General, Bihar, Patna as respondent no. 9, in course of the day. Heard Sri A.K. Ojha, learned counsel for the petitioner and Sri Surya Kant Kumar, learned A.C. to Standing Counsel No. 19. The petitioner, who retired with effect from 30.09.2008 as “Block Education Extension Officer”, Begusarai, has made a prayer for directing the respondents to immediately clear her all the retrial dues. It was submitted by learned counsel for the petitioner that neither any departmental proceeding nor any 2 criminal case was pending against the petitioner and the Department has already given no dues certificated in favour of the petitioner. In sum and substance the petitioner has alleged that due to deliberate action of respondent no. 8/Child Development Project Officer (C.D.P.O.), Khaira, Jamaui, the retrial dues of the petitioner has not been settled till date. Learned counsel for the petitioner has drawn my attention to number of Annexures to show that the payment of retrial dues in favour of the petitioner has not been made due to the reason that one way or the other respondent no. 8 is putting hurdle. Since there was no departmental proceeding or any criminal case pending against the petitioner, the court is of the opinion that there is no reason for sitting tight over the matter in respect of clearing the retrial dues in favour of the petitioner despite the fact that she retired long back on 30.09.2008. Accordingly, the writ petition stands allowed directing the respondents, particularly, respondent no. 6/District Superintendent of Education, Begusarai to take all steps, so that, all the retrial dues of the petitioner must be cleared within a period of two months from the date of receipt/production of a copy of this order. The petitioner shall also be entitled to get statutory interest on the delayed payment since the petitioner had retired in the year 2008, and till date, without any cogent reason she has 3 not been paid her retrial dues. In the facts and circumstances of the present case, the court is of the opinion that respondent no. 2 can be directed to conduct an enquiry for such delay in clearing the retiral dues of the petitioner as well as for passing an order for recovery of interest amount which is to be paid to the petitioner from the pocket of concerned officer/employee responsible for such delay. The respondent no. 2/the Principal Secretary, Human Resource Department (H.R.D.), Govt. of Bihar, Patna, is directed to conduct an enquiry and conclude the same within a period of four months from the date of receipt / production of a copy of this order. In any event all the retrial dues must be cleared 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 Govt. the respondent no. 9/the Accountant General, Bihar will take all steps for issuance of authorization within one month from the date of receipt of sanction. The writ petition stands allowed. Praful (Rakesh Kumar, J.)