IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3447 of 2006
1. SHEO KUMARI DEVI WIFE OF LATE JAGANNATH RAM, RESIDENT
OF VILLAGE- HARPUR, POST HARPUR, DISTRICT- BHOJPUR
2. BHAIRONATH PAL, SON OF LATE JAGNNATH RAM, RESIDENT OF
VILLAGE HARPUR, POST- HARPUR, DISTRICT- BHOJPUR
Versus
1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY HAVING HIS
OFFICE IN OLD SECRETARIAT, P.S.SACHIVALAYA, DISTRICT- PATNA
2. FINANCE COMMISSIONER, FINANCE DEPARTMENT, HAVING HIS
OFFICE IN OLD SECRETARIAT, P.S.SACHIVALAYA, DISTRICT- PATNA
3. SECRETARY, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA
4. DIRECTOR, PROVIDENT FUND, PANT BHAWAN, BIHAR, PATNA
5. DISTRICT PROVIDENT FUND OFFICER, BHOJPUR, ARRAH
6. TREASURY OFFICER, BHOJPUR AT ARRAH
7. TREASURY OFFICER, BUXAR
8. DISTRICT SUPERINTENDENT OF EDUCATION, BHOJPUR
9. DISTRICT SUPERINTENDENT OF EDUCATION, BUXAR
10. HEAD MASTER, UCHHA PRATHMIK VIDALAYA, RATHAA CIRCLE,
BRAHMAPUR, DISTRICT- BHOJPUR
11. ACCOUNTANT GENERAL, VIRCHAND PATEL PATH, BIHAR, PATNA
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FOR THE PETITIONER : MR RUPAK KUMAR, ADVOCATE
FOR THE STATE : MR. BHASKAR SHANKAR, AC TO GPXII
3 28.06.2010 Heard learned counsels for the petitioner, the State and
the Accountant General.
A counter affidavit has been filed on behalf of the
respondent no.9 copy of which has been served on the counsel for
the petitioner today in Court.
The grievance of the petitioner is that the present writ
application was filed by the petitioner no.1 who is widow of the
deceased employee and the petitioner no.2 being the son for
payment of the death-cum-retiral dues of the deceased employee
who died in harness while working on the post of Teacher.
It is submitted that except some part payment of group
insurance no other death-cum-retiral dues including the pension
has been sanctioned and paid. Petitioners are poor persons
although approached the authorities all the time, but it did not
result anything in their favour. From the statements made in the
counter affidavit as also the letters annexed to the counter
-2-
affidavit as Annexures-A & B it appears that the matter with
regard to settling the claim are under consideration by the
authorities and the petitioners were directed by the respondent-
District Superintendent of Education, Buxar as per the letter
dated 21st April, 2010 (Annexure-B) for approaching him in
person and furnishing the required information as mentioned in
the letter. Learned counsel for the petitioner further submits that
pursuant to the above letter petitioners have already submitted
the necessary information.
Notwithstanding the above, for expeditious disposal of
the claims, petitioners propose to present themselves in person
again and file their pending claims by way of a representation
within a period of three weeks stating details of the unpaid claims
as also copy of the relevant documents, if any, in support of their
claim available with the petitioners.
The respondent no.9, the District Superintendent of
Education, Buxar on receipt of the representation and on
presentation of the petitioners in person shall get the necessary
formalities completed by the widow and thereafter expedite the
sanction for payment of the retiral dues including the family
pension expeditiously preferably within a period of four months
on receipt of such representation and the admissible payment
shall be made thereafter with interest permissible under the rules.
The writ application stands disposed of with the above
observations/directions.
Manish/- ( Shailesh Kumar Sinha,J.)