IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7889 of 2010 1. Sita Devi, W/O Late Gorakh Paswan, R/O Mohalla Bariyosufpur,Paswan Nagar, P.S.-Town, District-Vaishali. Versus 1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar,Patna. 2. The Secretary, Personnel And Administrative Reforms Department, Government Of Bihar, Patna 3. The Principal Secretary, Department Of Revenue,Govt.Of Bihar, Patna. 4. The Divisional Commissioner, Darbhanga Division,Darbhanga. 5. The District Magistrate, Darbhanga. 6. The Additional Collector, Establishment,Darbhanga. ----------- 3. 29.09.2011 Heard learned counsel for the petitioner and the State. The petitioner is the wife of late Gorakh Paswan seeking a direction for inclusion of his services as a Lower Division Clerk prior to his appointment as a Deputy Collector towards pensionable service. It is not in controversy that his post retirement benefits have been paid in his latter capacity. The controversy is with regard to the enhancement that may follow if the service as a Lower Division Clear is also reckoned as pensionable. The respondents have taken a general objection that there was a time prescribed of ten years for raising such claims. If the time limit was executive in nature and not statutory the Court has 2 no difficulty in holding that it is a continuing cause of action. Be that as it may, learned counsel for the petitioner submits that for unavoidable reasons the petitioner could not swear further affidavit but has instructed him to submit that an advertisement has been published in the local Hindi Daily Hindustan on 2.8.2011 that those who had not raised such claim within the specified period of 10 years may do so within a period of two years from the date of publication of the advertisement. Let the respondents now consider the claims of the petitioner in accordance with law on an appropriate application to be submitted by her furnishing necessary details. Let the order be complied with within a maximum period of four months from the date of receipt/production of a copy of this order. Needless to state that if the respondents find justification in the claim or in any part of the claim necessary consequential orders along with actual payments, if any, shall be made available to the wife of the deceased within the same period. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)