JUDGMENT :

1. Heard learned counsel for the petitioner and learned counsel for the respondents through video conferencing.

2. The petitioner has filed the instant writ application for direction to the respondents-State for releasing the following retiral benefits to the petitioner:-

"(a) The amount under General Provident Fund.

(b) The amount under heading of earns leave.

(c) Gratuity.

(d) Amount under Group Insurance head.

(e) Arrears of salary for the month of June 2003 (the month of retirement)."

3. The petitioner has further prayed that an appropriate direction be issued to the respondents for payment of pensionary amount with effect from July, 2003 and since the petitioner has not been paid the amount mentioned above for more than 14 years after superannuation, he be compensated by way of penal interest on all the arrears of retiral benefits.

4. The case of the petitioner in brief is that after attaining age of superannuation, he retired on 30.6.2003 from the post of Sub-Divisional Educational Officer, Chapra (South). While in service when the petitioner was posted as Project Officer, Falka, Katihar in the yer 1993 his service book was sent by the office of the District Education Officer, Katihar to the Secretariat for necessary entries. The service book of the petitioner could not be traced thereafter. The petitioner on his retirement on 30.6.2003 handed over charge of his office to the new incumbent. He tried his level best to submit his pension papers but the same was not accepted in absence of the service book which the respondents had misplaced. In the meantime, the petitioner's wife suffered a serious brain stroke in the month of June, 2003, became paralysed as a result of the same and passed away on 20.9.2009. The petitioner thereafter continue to pursue the respondent authorities, however, as his service book was neither available in the department nor in the local office at Chapra, the department was not ready to accept any application for fixation of pension or other retiral dues. It is submitted that unfortunately, the petitioner himself met with an accident and was bedridden for a considerable period.

5. It is the submission of learned counsel for the petitioner that in terms of the provisions of the Bihar Pension Rules, the respondents are duty bound to sanction and grant pension and other retiral benefits to the employee on the basis of the last 10 months salary. Not having received pension or other retiral benefits, the petitioner filed the instant writ application for the reliefs as stated above.

6. Counter affidavits have been filed on behalf of the Director, (Administration)-cum- Deputy Secretary, Department of Education (respondent no.2), on behalf of District Education Officer, Saran, Chapra (respondent no.4) and on behalf of the Director General, Provident Fund, New Secretariat, Patna and District Provident Fund Officer, Saran, Chapra, respondent nos.6 and 7.

7. The substance of the stand of the respondents in their counter affidavits are that although the petitioner handed over charge of his post on his retirement to his incumbent, however, he did not submit his pension papers after retirement for fixation of his retirement benefits and thus the delay. However, in the counter affidavit filed on behalf of the District Education Officer, Saran, Chapra (respondent no.4), statement with respect to the service book of the petitioner was made in paragraph nos. 5, 6 and 7 which are quoted herein below for ready reference :-

"5. That it is humbly submitted and stated that vide letter no. 780 dated 22.10.2018 issued by District Education Officer, Saran, the details verified register of payment of salary of instant petitioner has been sought from the District Education Officer, Katihar/Purnia/Mungerf Bhagalpur/Nawada/Shekhpura so that second service Book may be reconstructed.

6. That it is humbly submitted and stated that after receiving of such details, the second service book of instant petitioner will be reconstructed