IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11961 of 2008 Most.Ram Kumari Devi, wife of Late Bindeshwar Yadav, resident of Mohalla- Kabir Chak ( Lakshami Sagar), P.S. Sadar (Darbhanga), District-Darbhanga ------------------------Petitioner Versus 1. The State Of Bihar 2. The Secretary, Education Department, Bihar,Patna 3. The Director, Secondary Education Board, State of Bihar,Patna 4. The Regional Deputy Director, Darbhanga 5. The District Education Officer, Darbhanga 6. The Head Master, Sarbodaya High School, Ganga Sagar, Darbhanga -------------------------- Respondents ---------------------------------- 02 15-11-2011 Heard Sri Manoj Kumar Jha, learned counsel for the petitioner and Sri Ashok Kumar Mishra, learned A.C. to Standing Counsel no.7, who appears on behalf of the Respondent/ State. The present writ petition was filed in the year 2008 with a prayer to direct the Respondents to pay death-cum- retiral dues in respect of the husband of the petitioner, who had retired on 31.03.2007 as Headmaster from Sarbodaya High School, Ganga Sagar, Darbhanga and thereafter died on 29.04.2008 without getting even pension. Learned counsel for the petitioner submits that after filing of the present writ petition, the Respondents have cleared all the retiral dues and the petitioner is getting family pension regularly. It was submitted that the Respondents, while making payment of death-cum- retiral dues of her husband at belated stage, had not paid interest on delayed payment. 2 Sri Mishra, learned counsel for the State submits that in the year 2008 itself sanction order was issued by the State authority and thereafter some delay had occurred due to fault on the part of the Accountant General, Bihar. The husband of the petitioner retired in the month of March, 2007 and thereafter without getting any retiral dues he died on 29.04.2008. Meaning thereby that at least more than one year delay had occurred on the part of the State Authority and, as such, for such delay the petitioner was entitled to get interest. In this case, a counter affidavit was filed on behalf of Respondent no.3 in the month of January, 2010. No rejoinder has been filed by the petitioner and, as such, in absence of any specific pleading it would be difficult for this Court to record any finding on the point of interest. Accordingly, liberty is granted to the petitioner to approach the authority concerned, particularly Respondent no.3/Director, Secondary Education Board, Bihar, Patna by filing representation in respect of claim of interest on delayed payment. If such representation is filed by the petitioner within a period of six week from today, the Respondent no.3 is required to examine the same and pass appropriate order in accordance with law within a period of four months from the date of filing of such representation. If the Respondent no.3 considers the claim of the petitioner as genuine, he is required to pass order for payment of interest within the aforesaid time. Even in case of refusal, the Respondent no.3 is required to pass speaking order and communicate the same to the petitioner 3 within four months from the date of filing of such representation. With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J.)