IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13439 of 2008 SATYENDRA KUMAR PANDEY, SON OF LATE DEVENDRA NATH PANDEY, RESIDENT OF VILLAGE – MANIKPUR, P.O. – MANIKPUR, VIA – MANOHARPUR, P.S. DHANSOI, DISTRICT – BUXAR. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA 4.DISTRICT EDUCATION OFFICER, SASARAM, DISTRICT – ROHTAS 5. HEADMASTER, RAMARANI JAIN BALIKA UCHCHA VIDYALAYA DEHRI, DISTRICT – ROHTAS 6. DISTRICT PROVIDENT FUND OFFICER, SASARAM, DISTRICT – ROHTAS. 7. ACCOUNTANT GENERAL, BIHAR, PATNA ----------- 5. 23.06.2009 Heard the parties A counter affidavit has been filed on behalf of the respondent no. 7. A rejoinder to the counter affidavit has also been filed on behalf of the petitioner. The grievance of the petitioner is with regard to the payment of gratuity and the family pension. It is submitted that the provident fund dues have been paid but in absence of any chart detailing such payment, the petitioner is not in a position to know the correctness or otherwise of the said amount. Learned counsel appearing on behalf of the Accountant General submit that in absence of any clear sanction order in favour of the petitioner, no - 2 - authorization has been issued for payment of gratuity. It is further submitted that father of the petitioner died leaving behind four sons. Out of four sons, one was mentally retarded who however, died unmarried. The petitioner and his other brothers are not eligible. Learned counsel for the state submits that family pension could not be sanctioned in absence of medical report with regard to the mentally retardedness brother of the petitioner, as such, family pension could not be sanctioned while the said brother was alive. In the above circumstances, Learned counsel for the petitioner submits that for redressal of his grievance as raised in the writ application, petitioner proposes to file a detailed representation before the respondent no. 4 alongwith certified copy of the present order, as also annexing copy of any other relevant documents in support of his claim within a period of four weeks. In case such representation is filed, respondent no. 4 shall consider the grievances of the petitioner with regard to family pension as well as gratuity as also the claim for interest in accordance with law expeditiously, preferably within a period of four months, on receipt of such representation. Upon such consideration, if the representation is disposed of in favour of the petitioner, the above - 3 - respondent shall issue further necessary order so that the admissible claim of the petitioner for receiving the family pension, gratuity and also the as raised in the representation, could be redressed without further delay. As regards supply of the detailed chart regarding the provident fund dues which has been paid to him, he may file representation before the respondent no. 6 for the same which shall be considered by him in accordance with law. The writ application is disposed of with the above observations/directions. Jagdish/- (Shailesh Kumar Sinha,J)