IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9737 of 2010
Muktinath Mishra, Son of Late Brajendra Nath Mishra, R/o Moh.
Budha Nagar, Road No.1, near Jagat Printing Press, Postal Park,
Patna ---------------------- Petitioner
Versus
1. THE STATE OF BIHAR
2. The Secretary, Human Resources Department, Bihar,Patna
3. The District Magistrate, Patna
4. The District Education Officer, Patna
5. The Principal , Marwari High School, Patna City, Patna
------------ Respondents.
-----------
03 07-12-2010 Heard Sri D.K.Tandon, learned counsel for the petitioner
and Sri Hari Shankar Rai, learned A.C. to A.A.G. 2.
The petitioner, who retired from service as Clerk from
Marwari High School, Patna City, Patna City on 30.6.2009, has
approached this Court with a prayer to direct the respondents
concerned to pay his pension, gratuity and computation with interest
over the delayed payment.
It has been submitted by learned counsel for the petitioner
that after retirement, the amount of G.I.C., Leave Encashment and
provident fund have already been paid to the petitioner. However,
the pension, gratuity and computation amount have not been paid on
flimsy ground despite the fact that several months have already
expired. Learned counsel for the petitioner has referred to Annexure-
5 to the petition to show that on the date of his superannuation, as
per direction of Respondent no.5, he has already handed over the
charge to one Smt. Pratibha Devi, which is evident from Annexure-2
to the petition.
Learned counsel for the State is not in a position to
2
dispute Annexures-2 and 5 to the petition. However, the stand has
been taken by learned counsel for the State that even after
retirement, the petitioner has not settled the cash-book and due to
that reason, Respondent no.5 till date has not issued “No objection
Certificate”. This was the reason for non-payment of the aforesaid
amount.
After hearing learned counsel for the parties, the Court is
of the opinion that the retiral dues of the petitioner cannot be
withheld for such a long time on such a flimsy ground. Once the
petitioner has already handed over the charge on the date of his
superannuation, which was accepted by Respondent no.5, i.e. the
Principal, Marwari High School, Patna City, Patna, she may not
raise objection for issuance of “No objection Certificate”, which is
the reason for withholding the other retiral dues of the petitioner;
such as Pension, Graduity and Computation amount from the month
of June, 2009 till date.
Accordingly, the writ petition is disposed of with a
direction to the respondent authorities to take effective steps, so that
the claim of the petitioner for settlement of pension, gratuity amount
as well as computation amount may be decided within a period of
two months from the date of receipt/production of a copy of this
order.
With the above observation and direction, the petition
stands allowed.
NKS/- ( Rakesh Kumar, J.)