IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8216 of 2009 MOST.SHAIYAD KHATUN, W/O Late Nijam, resident of Mohalla Bhikhanpur Gumti No.3, Tank Line Road, Bhikhanpur, P.S. Bhagalpur, District Bhagalpur. ---Petitioner Versus 1. The State Of Bihar. 2. D.M., Bhagalpur. 3. C.S., Bhagalpur. 4. A.C.M.O., Bhagalpur. 5. A.D.M., Legal Section, D.M. Office, Bhagalpur. ---Respondents ----------- With CWJC No.8340 of 2009 1. Shahzadi Khatoon W/O Late Md. Ali. 2. Reshma Khatoon D/O Late Md. Ali. 3. Sabiha Khatoon, D/O Late Md. Ali. 4. Kashmiri Khatoon @ Naghma Khatoon D/O Late Md. Ali. All are resident of Mohalla- Barahpura, P.S. Ishakchak and District Bhagalpur. ---Petitioners Versus 1. The State Of Bihar. 2. The Secretary, Department of Health, Govt. of Bihar, Patna. 3. A.D.M., Legal Section, D.M. Office at Bhagalpur. 4. The Accountant General, Bihar, Patna. ---Respondents ----------- 2. 21.7.2009 Since the claims involved in both the writ applications are interlinked, with consent of the parties, they have been heard together and are being disposed of by this common order. Heard the learned counsel for the petitioners and the State as well as the Accountant General. The petitioners are the rival claimants for receiving the pensionary benefits on account of the death of the concerned employee, who was the husband of the writ petitioner of C.W.J.C. No.8216 of 2009, namely, Most. Shaiyad Khatun and the son of 2 petitioner no.1 Shahzadi Khatoon of C.W.J.C. No.8340 of 2009. Petitioner Most. Shaiyad Khatun claims for the pensionary benefits being the widow of the concerned deceased whereas the petitioner of C.W.J.C. No.8340 of 2009 Shahzadi Khatoon claims to be the mother of the deceased employee, who submits that since the deceased was appointed as a Driver on compassionate ground, she is entitled to claim his pensionary benefits to maintain the family of the father of the deceased employee. The learned counsel appearing for the State submits that the claim involves the disputed questions of facts and as such the same may not appropriately be considered and adjudicated in the writ proceeding. In the above circumstances, the petitioners of both the writ applications submit that for expeditious disposal of their claim, they propose to file separate representation stating distinct claims enclosing the copy of the relevant documents, if any, in support of their claims before the District Magistrate, Bhagalpur. In case such a representation is filed within a period of four weeks, the District Magistrate, Bhagalpur after hearing both the writ petitioners or their duly authorised representatives shall consider the grievances of the petitioners claiming for pensionary benefits in accordance with law expeditiously, preferably within a period of six months on receipt of such representations, so that the claim for receiving the pensionary benefits, including any other claims, if any, could be redressed without further delay. 3 Both the writ applications stand disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)