IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15825 of 2011 Dr. Shyam Nandan Sharma, Son of Late Parikshan Chaudhary, Resident of Village – Nandan Market, Bhagwanpur Chatti, Rewa Road, P.S. – Muzaffarpur Sadar, District – Muzaffarpur… ……. Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Animal and Fisheries Resources Department, Government of Bihar, Patna. 3. The Joint Secretary, Animal and Fisheries Resources Department, Government of Bihar, Patna. 4. The Deputy Secretary, Animal and Fisheries Resources Department, Government of Bihar, Patna. 5. The Finance Secretary, Finance Department, Government of Bihar, Patna. 6. The Additional Secretary, Finance Department, Government of Bihar, Patna. 7. The Regional Director, Animal Husbandry Department, Saran Range, Chapra. 8. The District Animal Husbandry Officer, Siwan, District – Siwan. 9. The Provident Fund Officer, Siwan, District – Siwan. 10. The Treasury Officer, Siwan, District – Siwan. 11. The Accountant General, Bihar, Patna. …………. Respondents ---------------------------------- 2 15.09.2011 Heard Sri Vijay Kumar Singh, learned counsel for the petitioner, Sri Santosh Kumar Mishra, learned AC to Government Pleader No. 14, who appears on behalf of Respondent Nos. 1 to 10 and Sri Sanjeev Kumar, learned counsel appearing on behalf of Respondent No. 11/Accountant General, Bihar, Patna. The petitioner, who retired on 31.05.2009 as ‘District Animal Husbandry Officer, Siwan’, has prayed for directing the respondents to pay all his retiral dues. It was submitted that despite the fact that there was no proceeding pending against the petitioner and petitioner retired long back in the year 2009, till date, nothing has been paid to the petitioner. The petitioner has also filed number of representations before the authority concerned. However, neither any decision has 2 been taken on his representations nor payment has been made. In view of the facts and circumstances, the court is of the opinion that writ petition can be disposed of granting liberty to the petitioner to file a fresh detailed representation before Respondent No. 2/Secretary, Animal and Fisheries Resources Department, Government of Bihar, Patna, within a period of six weeks regarding the claim made in the present writ petition. If such representation is filed within aforesaid time, the Respondent No. 2 is required to examine the same and pass appropriate order in accordance with law within a period of two months from the date of filing of such representation. If the Respondent No. 2 considers the claim of the petitioner as genuine, he is required to take steps, so that, necessary sanction order may be issued for clearing the dues of the petitioner. Thereafter, the Respondent No. 11/Accountant General, Bihar, Patna, is required to issue authorization within six weeks from the date of receipt of the sanction order. The petitioner for provident fund amount is required to file representation before Respondent No. 9/Provident Fund Officer, Siwan, within six weeks. The Respondent No. 9, thereafter, is required to take all steps, so that, the amount of provident fund must be paid to the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. The amount of provident fund should be paid along with admissible statutory interest. Even in case of refusal, the Respondent Nos. 2 & 9 are required to pass a speaking order and communicate the same to the petitioner within two months from the 3 date of filing of such representation. This order will be given effect only in a case if there is no departmental or criminal proceeding pending against the petitioner. It goes without saying that petitioner shall be entitled to get admissible statutory interest on delayed payment. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)