IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.32 of 2001 SMT. NIRMALA SINHA Versus THE STATE OF BIHAR & ORS ----------- 11/ 28.01.2010 Heard Mr. Shiv Kumar, learned counsel appearing on behalf of the petitioner, Mr. Amrendra Kumar, learned assisting counsel to G.P. 11 and Mr. R.K. Choubey, learned counsel representing the Accountant General. Pursuant to the order dated 26.11.2009 a supplementary counter affidavit has been filed on behalf of respondent no. 8 enclosing the details of the payment as admissible to the petitioner. The grievance of the petitioner that remained pending was that the husband of the petitioner kept drawing provisional pension until his death and even the gratuity amount was paid provisionally. Even the family pension was being paid to this petitioner on provisional basis by reason of the fact that the pension and gratuity of the husband of the petitioner had not been sanctioned by the authorities and had not been fixed. It is in these circumstances that this Court by order dated 26.11.2009 directed the respondents to file affidavit showing the calculation details of arrears of pension to which the husband of the petitioner was entitled together with the gratuity amount. They were also directed 2 to show the family pension admissible to this petitioner. It is in compliance of the said direction that a counter affidavit has been filed by the Accountant General, respondent no. 3 mentioning therein that the pension and gratuity had been sanctioned by the Accountant General on 8.5.2008. A supplementary counter affidavit has been filed on behalf of respondent no. 8 and in which the details of calculation of the pension admissible to the husband of the petitioner together with the entitlement of the petitioner to draw the family pension and the gratuity amount admissible to the husband of the petitioner in terms of the authorization issued by the Accountant General has been given. A copy of details of the retiral benefits admissible to the Late husband of the petitioner is contained in Memo No. 5302 dated 19.12.2009 which is a letter written by the Civil Surgeon-cum-Chief Medical Officer, Bhagalpur to the Treasury Officer and is placed at Annexure-B of the supplementary counter affidavit. A letter dated 15.1.2010 written by the Treasury Officer addressed to the Civil Surgeon-cum-Chief Medical Officer, Bhagalpur has been placed at Annexure-C of the supplementary counter affidavit and in which the details of calculation of pension amount of the Late husband of the 3 petitioner has been mentioned together with the family pension amount. It has been mentioned that after adjusting the provisional amount of pension drawn by the husband of the petitioner and drawn by the present petitioner by way of family pension and after adjusting the excess amount of gratuity paid to the husband of the petitioner, the amount of Rs. 1,38,731/- has been found admissible to the petitioner. It is also mentioned that in terms of the authorization given by the Accountant General, the husband of the petitioner was entitled to receive the gratuity amount of Rs. 1,59,675/- and against which he had been paid an amount of Rs. 1,86,440/- by way of provisional gratuity and thus an excess payment of Rs. 26,765/- had been paid to him and which had to be adjusted from the pending claims. The said amount after being adjusted, the present petitioner was found to be entitled to receive an amount of Rs. 1,38,731/- which has since been sanctioned. Learned counsel for the petitioner, on instruction, submits that although the necessary sanction has been issued by the authorities concerned and has been placed in the supplementary counter affidavit but the actual payment has not been carried out. In case the payment pursuant to the letter of the Treasury Officer placed at Annexure-C dated 4 15.01.2010 has not yet been paid to the petitioner, it should be paid to the petitioner within four weeks from today. In the aforesaid view of the matter, nothing survives in this writ petition and it is disposed of with a liberty to the petitioner to raise any grievance, if she feels aggrieved by any of the calculations of pension, gratuity and family pension. Needless to add that if any such representation is filed on behalf of the petitioner setting out her claim with supportive details, the same should be considered by the authority concerned and if the petitioner has been able to make out any claim for further payment against any of the heads, it should be paid to her within a period of three months from the date on which such representation is filed. The writ petition is disposed of. S.Sb/- (Jyoti Saran, J.)