IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4160 of 2007 JODHAN SINGH Versus THE STATE OF BIHAR & ORS ----------- 04/ 25.03.2010 Heard Mr. Chandra Sen Prasad Singh for the petitioner, Mr. Vishwambhar Prasad, assisting counsel to G.P. 4 for the State and Mr. J.P. Karn for the Accountant General. The writ petition was filed for fixation of pension and gratuity of the petitioner on the post of Head Warder. The petitioner submits that having retired with effect from 1.7.1987 from the post of Head Warder, Central Jail, Buxar, the respondent authorities had fixed his pension on the basis of Warder and had paid his retiral benefits. He thus submits that the post retiral benefits admissible to the petitioner as against the post of Head Warder was to be paid to him. A counter affidavit was filed on behalf of respondent no. 3, copy whereof was served on learned counsel for the petitioner as back as on 29.8.2008 and in paragraph 3(iii), it was stated that the petitioner’s revised pension in the scale of Head Warder has already been fixed vide P.P.O. No. 139609 dated 19.12.2007 and the difference pay fixation amount of Rs. 15,743/- as also earned leave amount of Rs. 3,811/- has been paid to him. It was further stated that even the pension has been fixed by the Accountant General vide P.P.O. No. 139609 dated 19.12.2007 (Annexure-B series) on the post of Head Warder. In the aforesaid view of the matter, it is manifest that the - 2 - grievance of the petitioner stands redressed. In so far as the gratuity is concerned, it is stated that as the petitioner superannuated on 30.6.1987 and the pay revision though was implemented from 1.1.1986 but the actual payment was only with effect from 1.3.1989, hence there would not be any difference in the quantum of the gratuity of the petitioner. Nothing survives in the proceedings. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)