IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 9540 of 2006 Geeta Devi, wife of late Rabindra Prasad Singh, resident of Village – Ghoreghat, Police Station – Bariyarpur, District – Munger - Petitioner Versus 1 The State of Bihar through its Chief Secretary, Patna 2 The Secretary, Department of Cooperative, Government of Bihar, Patna 3 The Registrar, Cooperative Societies, Bihar, Patna 4 The State of Jharkhand through its Chief Secretary, Ranchi 5 The Secretary, Department of Cooperative, Government of Jharkhand, Ranchi 6 The Registrar, Cooperative Societies, Government of Jharkhand, Ranchi 7 The Assistant Registrar, Cooperative Societies, Garhwa Circle, Government of Jharkhand, Garhwa 8 The Accountant General, Bihar and Jharkhand, Patna - Respondents ----------- 3 08.12.2010 Counter affidavit has been filed. State of Jharkhand is represented. With consent of parties, the writ petition has been heard for disposal at this stage itself. This writ petition has been filed by the petitioner in respect of dues of her late husband payable by the State. At the very outset, it may be pointed that petitioner’s husband superannuated from the State Services in the Cooperative Department on 01.01.1998. Thus, the entire liability of dues, in respect of service period or pension, would be on the State of Bihar as the State of Jharkhand was created with effect from 15.11.2000. State of Jharkhand, thus, is not a necessary party. The petitioner was employed in the Cooperative Department of the State of Bihar on 02.08.1967. With effect from 20.01.1988, he was put under suspension which suspension was ultimately revoked on 26.11.1994 upon punishment order being passed. The petitioner was awarded punishment in the shape of withholding two annual increments with cumulative effect with further order that during period of suspension, 2 he would be paid only subsistence allowance and nothing further. On 01.01.1998, petitioner superannuated and soon thereafter, on 22.05.1998, he died. Petitioner’s grievances, in respect of her late husband, are three folds. Firstly, payment of arrears of salary for the period April, 1987 to January 1988, payment of subsistence allowance for the major period of suspension, payment of retiral dues upon his superannuation and pension for the period her late husband was alive. A counter affidavit has been filed by the State in which it is not disputed that during major period of suspension, petitioner’s late husband did not receive the subsistence allowance because he was not available to receive payment. It is also not in dispute that for few months prior to his suspension, petitioner’s husband was not paid his salary which is a matter to be enquired into. With regard to pension, it is stated that instructions have been issued to the Munger Treasury from which payments are to be made. Petitioner maintains that she has not received the payments as aforesaid. This matter has already been pending in this Court for considerable period and no useful purpose would be served by keeping it pending for any further time. I, therefore, direct the Registrar, Cooperative Societies, Bihar to immediately look into the matter and take steps that the grievances of the petitioner on all these counts are redressed and after due enquiry, ensure that all amounts, that have remained unpaid, be paid to the petitioner within three months on production of a copy of this order alongwith detailed representation before him by the petitioner. If in case certain amounts have been paid, petitioner would be intimated 3 the same while making payment. Details would have to be supplied to the petitioner as well. The responsibility for timely compliance of the order of this Court would solely rest on the Registrar, Cooperative Societies as aforesaid. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)