IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8802 of 2005 ***** Smt. Gita Rani Barnawal, Wife of Vidya Prakash Singh, resident of Mohalla- Mogal Bazar, P.S. Kotwali, District-Munger. …. …. Petitioner Versus 1. Bihar State Electricity Board, through its Secretary, Vidyut Bhawan, Bailey Road, Patna. 2. Director Personnel, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 3. General Manager cum Chief Engineer, Transmission Zone No.2, Bihar State Electricity Board, Khabra, Muzaffarpur. 4. Electrical Superintending Engineer, Bihar State Electricity Board, Transmission Circle, Purnea. …. …. Respondents ----------- 6. 19.2.2009. Vidya Prakash Singh was holding the post of Store Assistant in the Circle store of Purnea when he retired on 1.4.2001. He filed the present writ application when his final pension, gratuity and leave encashment was not decided by the respondents. Soon after filing of the writ application he died on 28.9.2005 and has now been substituted by his wife as a legal heir. After many exchange of affidavits the matter has crystallized, which would be evident from perusal of the supplementary counter affidavit filed on behalf of respondent no.4. Payments under various heads have been made to the erstwhile petitioner and some thereafter but the issue of gratuity and leave encashment has not been sorted out because certain shortage of store materials has been reported for which petitioner’s husband is being held accountable for. Learned counsel for the petitioner submits that the statement with regard to shortage of store material is an afterthought because nothing of the kind has been pointed out earlier by the respondents when the husband of the petitioner was still alive or was in service. Trying to - 2 - put this responsibility on the head of a dead man would amount to gross injustice to the present petitioner because she is not in a position either to accept or deny what is being alleged in the supplementary counter affidavit. He further submits that the law in this regard is quite clear that the legal heirs can never be held responsible and the benefit of post retiral dues cannot be held back if no action has been taken during the life time or during the service period of the employee in question. No details with regard to the shortage pointed out have been given except a bald statement in paragraph 5 of the supplementary counter affidavit. If that is the position then with the death of the husband of the petitioner the issue and the objection will have to be allowed to rest. The writ application is disposed of with a direction upon the respondents that they shall now take steps for payment of gratuity and leave encashment which is due to the petitioner preferably within a period of three months from the date of communication/production of a copy of this order. It is also clarified that the provision pension/family pension sanctioned in favour of the petitioner will have to be finalised and made permanent within the same time frame. This writ application is disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)