IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18264 of 2008 SURAJ KUMAR, son of late Rajendra Roy alias Gaya Roy, resident of Village – Khurd Dighi, Police station – Sadar Hajipur, District – Vaishali, at present residing at the house of sinhajee, Kurthol, Dariya pur, Marh, Post Office – Kuthal, Police station – Phulwarisharif, Distric – Patna. Versus 1. THE STATE OF BIHAR 2. The Engineer in Chief, Road Construction Department, Bihar. Patna. 3. The Secretary, Road Construction Department, Bihar, Patna. 4. The Accountant General, Bihar, Patna. 5. The Executive Engineer, Gangapul Project, Works Division I, Bhagalpur. 6. The District Provident Fund Officer, District – Bhagalpur. ----------- For the petitioner: Mr. R K Singh. For the A G, Bihar: Mr. Ram Kinker Choubey. For the intervenors : Mr. Shailendra Kumar Sinha. For the State: JC to AAG 11. ----- 02. 31.03.2009 I.A. No. 1844 of 2009 has been filed on behalf of two petitioners stating therein that the intervention application should be allowed in the interest of justice since they are the natural born sons of their father late Rajendra Rai and name of the two petitioners along with the name of mother Smt. Lalmuni Devi figures in the service record as nominees. It is further stated that petitioner of the writ application is interloper and therefore they need to be hard in the matter. Counsel for the petitioner of the writ application has nothing to offer in terms of response. I. A. is allowed. A counter affidavit has been filed on behalf of Accountant General, Bihar, respondent No.4 and it has been stated that pension - 2 - and gratuity have already been authorized by the Accountant General, based on the recommendations of the department. Pension paper shows that the two intervenors are major sons of late employee. This position re-affirms the averment made in the intervention application. In view of the same no relief can be granted in favour of the petitioner Suraj Kumar. Petitioner, if so advised, may move the civil court of competent jurisdiction for appropriate declaration. The writ application is dismissed with the above liberty. rkp (Ajay Kumar Tripathi, J)