IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14343 of 2005 SIVNARAYAN PASWAN SON OF LATE TEKA PASWAN RESIDENT OF VILLAGE – SAMPATPUR P.S. BAKHTIARPUR, DISTRICT PATNA Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR AGRICULTURE DEPARTMENT, BIHAR, PATNA. 3. THE JOINT DIRECTOR AGRICULTURE DEPARTMENT DARBHANGA. 4. THE DISTRICT MAGISTRATE, MADHUBANI. 5. THE DISTRICT AGRICULTURE OFFICER, MADHUBANI. 6. THE PROJECT EXECUTIVE OFFICER, MADHAPUR, MADHUBANI. ----------- 06. 21.09.2010 Heard learned counsel for the petitioner and learned Standing Counsel No. 19 appearing for the State. The grievance of the petitioner is that upon superannuation on 30th of April 2003 while working on the post of Clerk under the respondent no.6 the payment of all the retiral dues has not been settled as yet. It is submitted that the payment of pension and gratuity has been sanctioned and necessary authorization has been issued by the Office of Accountant General as contained in Annexure -1 series, however, the aforesaid payment has been stopped under the orders of respondent no. 6 vide letter no. 38 dated 17th of May 2005 without any valid justification for the alleged outstanding amount to the tune of Rs. 14,99,422/-. It is further submitted that till date admittedly no proceeding of any nature is pending against the petitioner. Learned counsel for the State is not denying the fact that no proceeding of any nature including the proceeding under Article 43(b) of the Bihar Pension Rules has been initiated against the petitioner. Considering the submission of the parties, it is not in dispute that no proceeding of any nature including the proceeding under Article 43(b) of the Bihar Pension Rules has been initiated against the petitioner, as such, without taking recourse for the aforesaid proceeding no retiral dues of any nature could be withheld. In the above circumstances, respondent no. 2 is hereby directed to issue proper direction with regard to the payment of pension and gratuity which has not been paid under the orders of respondent no. 6 as contained in Annexure- 2. It will be open for the petitioner to bring it to the notice of the respondent no . 2 by way of representation with a copy to respondent nos. 6 and 7 within a period of four weeks. In case such representation is filed within a period of four weeks, the respondent no. 2 upon consideration shall issue suitable order so that the payments on account of retiral dues which has been withheld could be paid preferably within a period of three months on receipt/production of the certified copy of the present order. The writ application stands disposed of with the above observations/directions. Jagdish/- ( Shailesh Kumar Sinha,J.)