IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18301 of 2011 Shail Kumari, wife of Ramakunj Sharma, resident of Village Daidi, Police Station Ghoshi, in the District of Jehanabad. ... ... Petitioner. Versus 1. The State Of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna. 2. The Principal Secretary, Department of Health, Government of Bihar, Patna. 3. The Director-in-Chief, Health Services, Government of Bihar, Patna. 4. The Civil Surgeon-cum-Chief Medical officer, Jehanabad. 5. The Incharge Medical Officer, Primary Health Centre, Ghoshi in the District of Jehanabad. 6. The Director of G.P.F., Government of Bihar, Patna. 7. The A.G., Bihar. ... ... Respondents. ---------------------------------- 2. 18.10.2011. Heard Shri Sunil Kumar, learned counsel for the petitioner, Shri Manoj Kumar Ambastha, learned G.P.14, who appears on behalf of respondent nos.1 to 6/State of Bihar and Shri L.P.K. Rajgrihar, learned counsel appearing on behalf of respondent no.7/Accountant General. The petitioner, who retired as Lady Health Visitor from Primary Health Centre, Ghoshi in the district of Jehanabad, has prayed for directing the respondents to pay and fix her pension and payment of entire amount of G.P.F. The petitioner has further prayed that amount of gratuity and leave encashment has been paid on lower scale, which is required to be revised and 2 remaining amount is required to be paid to the petitioner. It was orally informed by learned counsel for the petitioner that on the date of retirement against the petitioner neither departmental or criminal proceeding was pending. Even then, the pension has not been fixed and some other retiral dues have not been paid. In view of the facts and circumstances, particularly the fact that petitioner retired long back in the year 2008, the writ petition stands allowed directing the respondents, particularly respondent no.4/Civil Surgeon-cum-Chief Medical Officer, Jehanabad to take all steps so that sanction order in respect of fixation of final pension of the petitioner must be issued within a period of eight weeks from the date of receipt/production of a copy of this order and thereafter, respondent no.7/Accountant General is required to issue authorization within four weeks. The court expects that after issuance of authorization, there shall be no delay in payment of pension to the petitioner. Respondent no.6/Director of G.P.F., 3 Government of Bihar is directed to take steps for payment of amount of G.P.F. of the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order along with admissible statutory interest. So far as claim of payment of gratuity and leave encashment on lower scale is concerned, petitioner is granted liberty to file a detailed representation before respondent no.4/Civil Surgeon-cum-Chief Medical officer, Jehanabad within a period of six weeks from today. If such representation is filed, respondent no.4 is required to examine the same and pass appropriate order in accordance with law within a period of four months from the date of filing of such representation. It goes without saying that the petitioner shall be entitled to get admissible statutory interest on delayed payment. It is made clear that this order has been passed on oral submission made by learned counsel for the petitioner that no departmental or criminal proceeding was pending against the petitioner on the date of retirement. If any proceeding whether departmental or criminal 4 proceeding was pending on the date of retirement of the petitioner, this order shall not be given effect to. With above observation and direction, the writ petition stands disposed of. N.H./ ( Rakesh Kumar,J.)