IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5894 of 2010 DR.NAWAL KISHORE SHARMA S/O LATE GAYA PRASAD SHARMA R/O VILL BARGAON, P.S. KONCH, DISTT-GAYA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY PRIMARY EDUCATION GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA-1 2. THE DISTRICT SUPERINTENDENT OF EDUCATION AURANGABAD 3. THE ACCOUNTANT GENERAL (A &E) II BIHAR, PATNA 2 08.04.2010 Heard learned counsels for the petitioner, the State and the Accountant General. It is submitted on behalf of the petitioner that the petitioner happens to be the son-in-law of the deceased employee, who died in harness while working on the post of Head Master, Middle School, Mahadipur Goh, Aurangabad on 28th November, 1979. The terminal dues could not be settled even during the lifetime of the widow and the only daughter of the deceased employee. Thereafter this petitioner being the son-in-law of the deceased employee persuaded the matter and filed a writ petition in this Court vide C.W.J.C. No. 6441 of 2007 and this Court as per the order dated 12.03.2008 directed the competent authority to release the terminal benefits. It is further submitted that the terminal dues could not be paid pursuant to the order passed in the aforesaid writ application for a long, however payments were made except the G.P.F. and as such, the petitioner filed contempt application vide M.J.C. No. 3389 of 2008 and during the pendency of the said case the G.P.F. was paid however interest was not paid over the G.P.F. amount which was later on paid, but the statutory interest payable over the gratuity and the family pension have not been paid, as such, concerned authority is liable to sanction and make the payment. - 2 - Learned counsel for the State submits that the question whether the family pension and gratuity paid to the petitioner was paid along with statutory interest or not needs to be verified before taking any decision on the claim of the petitioner for payment of interest over the gratuity and family pension. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the pending claims with regard to payment of interest as highlighted in this writ application, petitioner proposes to bring it to the notice of the respondent no.2 by way of a representation. In such view of the matter, in case such representation stating details with regard to payment of interest over the gratuity and family pension is filed by the petitioner within a period of six weeks from today along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the grievances of the petitioner raised in the representation shall be considered in accordance with law expeditiously preferably within a period of four months on receipt of such representation. If the representation of the petitioner finds favour, the competent authority shall issue the necessary further sanction order for payment of interest. However, in case the claim of the petitioner is found not payable the same shall be informed to the petitioner with reasons thereof. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)