IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.866 of 2008 OBAIDUR RAHMAN MALLICK S/O Late M.Azizur Rahman, resident of Beldar Toli Road, Sultanganj, P.S. Sultanganj, District Patna. Versus 1.THE STATE OF BIHAR 2.Sri R.K.Singh, the Secretay Road Construction Department, Vishwesharaiya Bhawan, P.S. Shastrinagar, District Patna. 3.Sri Jitendra Srivastava, the Director, Provident Fund, Pant Bhawan, Bihar, Patna. 4.Sri Rabindra Kumar Verma, the District Provident Fund Officer, Gaya. 5.Sri Umesh Chaudhary, Treasury Officer, Secretariat Treasury, Vishwesharaiya Bhawan, Patna. 6.Sri G.Guha, the Accountant General (A & E), Bihar Birchand Patel Path, Patna. ----------- 2 4/2/2010 Heard counsel for the petitioner and counsel for the State. No one appears for the Accountant General. In the opinion of this Court when counsel for the petitioner himself accepts that the order passed on 24.7.2007 in C.W.J.C. No.12733 of 2005 has been complied in all other respect, save and except, for payment of gratuity, this Court must proceed on the assumption that there would be no question of any contempt. Counsel for the petitioner, in fact, would also draw attention of this Court towards the order dated 12.8.2005 issued by the Accountant General with regard to authorization of 90% of gratuity. Grievance of the petitioner however is that despite such authorization of 90% gratuity its actual amount has not been paid to him. Strictly speaking, though it may be not the subject 2 matter of contempt, but as this Court wants to close this chapter and therefore, this Court would direct the opposite parties to look into this aspect of the matter and if it is found that 90% of gratuity despite being sanctioned and authorized vide Annexure 3 to this application has not been paid as yet, the same must be paid to the petitioner within a period of three months. To expedite the matter, the petitioner may file a representation along with a copy of this order in the office of the Accountant General, which thereafter would be under obligation to comply the same in the letter and spirit. With the aforementioned observation this application stands disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)