IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1244 of 2008
MALTI DEVI, W/O SHRI RAMESHWAR PANDIT, R/O
VILLAGE-CHOTI PAHARI, P.O.-BADHI PAHARI,
P.S.-AGAMKUAN, DISTRICT-PATNA, STATE OF
BIHAR. ...............PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF
SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT,
PATNA, BIHAR.
2. THE CHIEF SECRETARY, OLD SECRETARIAT,
GOVT. OF BIHAR, PATNA.
3. THE SECRETARY, SECONDARY EDUCATION, GOVT.
OF BIHAR, OLD SECRETARIAT, PATNA.
4. THE DIRECTOR, SECONDARY EDUCATION, GOVT.
OF BIHAR, PATNA.
5. THE DEPUTY INSPECTRESS OF EDUCATION, GOVT.
OF BIHAR, PATNA.
6. THE DISTRICT EDUCATION OFFICER, GOVT. OF
BIHAR, PATNA.
7. THE SUB-DIVISIONAL EDUCATION OFFICER,
GOVT. OF BIHAR, PATNA.
8. THE DISTRICT PROVIDENT FUND OFFICER, GOVT.
OF BIHAR, PATNA.
9. THE DISTRICT TREASURY OFFICER, GOVT. OF
BIHAR, PATNA.
10.THE ACCOUNTANT GENERAL, BIR CHAND PATEL
MARG, PATNA. ..................RESPONDENTS.
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For the Petitioner : Mr.Mayanand Jha, Adv.
and Mr.Munna Prasad
Singh, Adv.
For the State : Mr.Sunil Kumar Karn, AC
to AAG-6.
For the AG : Mr.Vivekanand Kumar,
Adv. and Mr.Dhirendra
Kumar Singh, Adv.
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2 16.08.2010 I.A. No. 2912 of 2010
This I.A. has been filed for
substituting the name of petitioner, who is
said to have died on 26.12.2009, by her legal
heirs and representatives as mentioned in
paragraph 4 of the I.A.
2
There is no opposition to the I.A.
The I.A. is allowed. Let the name of
petitioner be expunged from the cause title
of the writ application and the names of her
legal heirs and representative be substituted
in place of petitioner.
From the prayer made in the writ
application, it appears that the husband of
original petitioner who was in service of the
respondents became traceless in 1995. As he
could not be traced within the statutory
period petitioner prayed for payment of
lawful financial entitlements in respect of
the said employee treating him as having died
in harness.
Counter affidavits have been filed in
this case and it is stated that some payments
have been released in favour of the original
petitioner who was widow/wife of the
employee.
Learned counsel for the petitioner
submits that the details of payments are not
available to the petitioners. Therefore, the
petitioners may be furnished with the details
of the calculation so that they may ascertain
as to whether any other amount still remains
3
payable in favour of the family members of
the original employee, or not.
In view of the submissions of learned
counsel for the petitioner, this writ
application is disposed of with liberty to
the substituted petitioner no. 1 to approach
and contact the respondent District
Superintendent of Education, Patna within one
month from today along with a copy of this
order.
If the petitioner meets the District
Superintendent of Education, Patna, he shall
be legally obliged to furnish all the details
and payments having been released to the
widow so far, and shall also furnish details
as to whether any further amount becomes due
to be paid to the petitioner or not. In case
some amounts are admitted to be still due he
shall inform as to within what time the same
shall be released in favour of the
petitioner.
It is stated that substituted
petitioner nos. 2 and 3 have given
authorization for receipt of all benefits by
the substituted petitioner no.1 in this
regard. The said authorization shall be taken
4
into account by the District Superintendent
of Education, Patna for further release of
payment.
Now that the original petitioner has
died the Bank authorities will consider as to
under what legal manner her heirs or one of
the heirs shall be authorized to operate the
account immediately.
Arvind/ ( J. N. Singh, J.)