IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15118 of 2009 1. SANJAY KUMAR 2. SANJEEV KUMAR 3. ABHISHEK AMIT, ALL SONS OF LATE NAND KISHORE SINGH AND LATE VEENA SINGH, RESIDENT OF VILLAGE MAHATHI, P.S. BIBHUTIPUR, DISTT. SAMASTIPUR AND PRESENT ADDRESS- 201 NAND VEENA ENCLAVES, KAUTILYA NAGAR, P.S. SHASTRI NAGAR, DISTT. PATNA. 4. SMT. APRAJITA DAUGHTER OF LATE NAND KISHORE SINGH AND LATE VEENA SINGH, WIFE OF SRI PANAKAJ KUMAR, RESIDENT OF VILLAGE SHERPUR, P.S. BHAGWANPUR, DISTRICT MUZAFFARPUR. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, WATER RESOURCES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE JOINT SECRETARY, WATER RESOURCES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 4. THE ENGINEER IN CHIEF, WATER RESOURCES DEPARTMENT null GOVERNMENT OF BIHAR, PATNA 5. THE CHIEF ENGINEER, WATER RESOURCES DEPTT DARBHANGA 6. THE ACCOUNTANT GENERAL BIHAR, PATNA 7. THE DIRECTOR, PROVIDENT FUND DIRECTORATE PATNA ----------- 6/ 02-04-2010 Heard learned counsel for the petitioners and learned counsel for the State as well as Sri J.P.Karn, learned counsel for the Accountant General. The grievance of the petitioners is that upon superannuation of their father on 31st January, 2001 from the post of Executive Engineer during his suspension period, while attached to the office of Water Resources Department, Darbhanga, the post retiral dues has not been settled till date. The father of the petitioners died on 28.07.2008. Thereafter, mother of the petitioners, namely, Smt. Veena Singh, approached the department and having failed to get the retiral dues, she has filed the present writ petition. However, during the pendency of the writ petition she also died and as such the present petitioners have been substituted in her place. Learned counsel for the petitioners submits that on perusal of the letter, bearing memo no. 01 dated 04.01.2010, as contained in Annexure-H to the counter-affidavit filed on behalf of the respondents, it would appear that provisional pension to the extent of 75% was sanctioned in favour of the mother of the petitioners, namely, Veena Singh, advising the Accountant General, Bihar, to issue necessary authorization slip for payment of the pension. Learned counsel for the petitioners further submits that since mother of the petitioners died on 11.01.2010, no purpose would be served by issuing authorization slip for payment of 75% in favour of the mother of the petitioners who is no more. In the above circumstances, learned counsel for the petitioners submits that for expeditious disposal of their claim, the petitioners propose to file a representation stating details of the unpaid claims as also a copy of the relevant documents, if any in support of such claim along with the representation before respondent no.3, with a copy to respondent no.2. If such representation is filed within a period of six weeks from today, the grievances raised in the BTiwary/ representation shall be considered in accordance with law expeditiously, preferably within a period of four months from the date of receipt of such representation so that the grievance raised in the representation may be settled without further delay and the admitted dues, if any, may also be paid if permissible under the rules. Upon consideration if any claim or part of the claim is found not admissible, the same shall be inform to the petitioners with the reasons thereof. As regards the payment of Provident Fund amount, the petitioners may file separate representation before respondent no.7. In case such representation is filed, as aforesaid, within the period of six weeks, respondent no.7 shall consider for payment of the Provident Fund dues in accordance withy law expeditiously, preferably within a period of four months from the date of receipt/ production of a copy of the representation so that provident fund dues may be paid to the petitioners with statutory interest of such payment. With the aforesaid observation/direction this writ application is disposed of. ( Shailesh Kumar Sinha, J )