IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2127 of 2009 Dukhiya Devi, wife of Late Ram Jivan Das, Resident of Mohalla Haleem Chawk Khagra, P.S. and District – Kishanganj ………………………… Petitioner Versus 1. The State Of Bihar (Training), Government of Bihar, Patna 2. The Director, Education (Training), Government of Bihar, Patna 3. The District Education Officer, Kishanganj 4. The Sub-divisional Education Officer, Kishanganj, District – Kishanganj 5. The Principal, Teacher’s Training College, Kishanganj, District – Kishanganj …………………….. Respondents ---------------------------------- For the Petitioner: Mr. Md. Anism Rahman, Advocate For the State: Mr. Gautam Bose, AAG-8 ********** 05. 06.09.2011 Heard learned counsel for the petitioner and the counsel appearing for the State. Petitioner is the widow of Ram Jivan Das, who had been appointed in the Office of Sub-divisional Education Officer, Kishanganj on 21.08.1960. He was put under suspension vide order, dated 13.10.1977, issued by the Principal, Teacher’s Training College, Kishanganj and continued to remain under suspension till 31.08.1996, that is the date when he superannuated from his service. The husband of the petitioner was paid his subsistence allowance for 11 months, started from January, 1978 to November, 1978. Payment of subsistence allowance was stopped 2 thereafter. Despite the fact that suspension order was issued in contemplation of the departmental proceeding, there was no departmental proceeding and without any final order, passed in the departmental proceeding, Ram Jivan Das, petitioner’s husband, superannuated and subsequently died in the year 2008. The prayer of the petitioner in this Writ Application is for a direction to the respondents for making payment of entire substance allowance and other monetary benefits. Counter Affidavit filed on behalf of the State indicate that in the light of earlier Writ Application, bearing C.W.J.C. No. 7677 of 1998, filed by the husband of the petitioner, the Director, Research and Training has passed an order, annexed as Annexure- B. In this order, there is an admission with regard to non-payment of subsistence allowance and non- conclusion of the departmental proceeding, till the date of superannuation of Ram Jivan Das. Counsel appearing for the State submits that it seems that in view of the order, annexed as Annexure-B, the service of Ram Jivan Das was regularized and all his retirement dues has been paid as also got his 3 pension. However, there is no statement in the Counter Affidavit, regarding payment of pension, pensionary benefit, regularization of service and after the death of Ram Jivan Das, payment of family pension to the widow of the petitioner. There is no statement with regard to payment of arrears of salary to the petitioner for the period under suspension, i.e., 01.12.1978 to 31.08.1996. Since the departmental proceeding initiated against petitioner’s husband was never concluded, as such he became entitled for arrears of salary and that should have been considered by the respondents. While passing the order, contained in Annexure-B, there is no such direction making payment of arrears of salary to Ram Jivan Das. Considering the prayer of the petitioner and statement in the Counter Affidavit as well as order, contained in Annexure-B, this application is being disposed of, directing the Director, Research and Training for making payment of entire arrears of salary to the petitioner, payable to her late husband, Ram Jivan Das for the period 01.12.1978 to 31.08.1996. If the petitioner is not getting family pension, that will also be paid to the petitioner with 4 arrears. All payments must be made to the petitioner within 12 weeks from the date of production / communication of this order. Petitioner will submit her representation with regard to fixation of pension on the basis of last pay drawn by her husband and that will be considered by the respondents. Accordingly, this Writ Application is allowed. SKM (Mridula Mishra, J.)