IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15066 of 2007 LAXMI DEVI Versus THE STATE OF BIHAR & ORS ----------- 4. 25.3.2010. Heard Mr. Shyamdeo Parsed Singh, learned counsel for the petitioner, Mr. Amrendra Kumar, learned Assisting counsel to G.P.11 and Mr. Kumar Sunil appearing for the intervener petitioner Anita Devi and her minor children. The petitioner is the wife of Late Yugal Kishore Prasad Singh who died in harness while holding the post of Assistant Teacher in the Primary School, Jagatput, in the district of Nawadah. Upon non-payment of the post retiral benefits as admissible to her late husband, the present writ petition came to be filed. After several orders of this court, a counter affidavit has been filed on behalf of the District Superintendent of Education, Nawadah and in which it is stated that the group insurance amount was paid with interest on 22.2.2010, the GPF amount has been sent for payment on 22.2.2010, provisional pension has been granted by the District Superintendent of Education vide memo no.881, dated - 2 - 18.3.2010, and provisional gratuity of Rs.1,46,444/ has also been granted vide memo no.905 dated 21.10.2010. It is contended that in absence of service book of the petitioner, the family pension and gratuity have not been granted but would be finalized no sooner the same is received. Learned counsel for the petitioner admits to the payment of the aforesaid dues but submits that the petitioner, a widow of an employee dying in harness is entitled for interest on the belated payment of family pension and gratuity in terms of the Government circulars. Undoubtedly, the employee expired on 31.1.2006 and payments have only been made consequent upon the directions of this Court in the month of February, 2010 and in so far as pension and gratuity is concerned, the payments have been made on provisional basis. Having regard to the circumstances that it is a case of an employee dying in harness, I deem it fit to hold that the petitioner would be entitled for interest at the rate of 5% on the arrears of family pension and gratuity amounts in the light of the stipulations provided in the State Government. - 3 - Decision contained in memo no.3155 dated 7.11.1981. The interest would accrue to the petitioner from the date of death of the employee until the actual payments are made. An interlocutory application has been filed by one Anita Devi and her minor children also claiming to be a widow of Late Yugal Kishore Prasad Singh the deceased employee. In fact, the said Anita Devi claims herself to be the first wife of the deceased employee. In the circumstances that almost all the retiral dues of the deceased employee has been paid to the petitioner Laxmi Devi, I think it appropriate to accord a liberty to Anita Devi and her minor children to raise their claims in terms of the Government Circulars before the District Superintendent of Education, Nawadah and who shall consider their claim in the back-drop of the Government circulars on the issue and pass appropriate orders thereon but after service of notice and after proper opportunity of hearing being given to the petitioner Laxmi Devi and the intervener applicant Anita Devi on the issue. The District Superintendent of Education, Nawadah is also directed to finalise the family - 4 - pension and gratuity of the petitioner and forward the same to the Accountant General for necessary authorisation within a period of three months from the date of receipt/production of a copy of this order and it is expected that the Accountant General would accord authorisation without any delay and preferably within a period of four weeks from the receipt thereof. Needless to add that until the actual payment of the arrears of family pension and gratuity are made to the petitioner, the interest would continue to accrue on the said payments. The writ petition stands disposed of with the directions aforesaid. (Jyoti Saran,J.) ahk