RAJENDRA PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioner, who retired on 30th April, 1998 while working as Assistant Teacher, Karaiparsurai High School in the district of Nalanda, is aggrieved on account of non - payment of his post retirement benefits besides other dues for now over one year, which is the usual feature prevailing in the State of Bihar.

(2.) THIS Court while dealing with the retirement benefits has noticed that even after filing of the writ petition and passing of an order by this Court for payment of pensionary benefits within a fixed time, the State authorities do not bother to comply with the order and discharge their duties without there being a threat of contempt. Several times this Court expressed anguish in dealing with such pensionary matters by different authorities of the State causing unnecessary delay when under the rules and the executive instructions of the State Government, they are obliged to initiate action regarding the payment of pensionary benefits 15 months prior to the date of superannuation and to complete it before a Government servant retires.

(3.) HOWEVER , having regard to the nature of grievance of the petitioner, this Court directs the Director, Secondary Education, Bihar, Patna (respondent no.3) to issue necessary sanction order for payment of pensionary dues of the petitioner within two weeks of the receipt/production of a copy of this order, whereafter the Accountant General, Bihar, Patna (respondent no.8) shall issue necessary authority slip within a week of the receipt of the sanction order. The Director, Provident Fund, Bihar, Patna (respondent no.7) is also directed to issue necessary authorisation for payment of the provident fund amount payable to the petitioner with up to date statutory interest within the aforesaid time.