IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6221 of 2010 ZUBAIDA KHATOON WIFE OF LATE MD. SHAFI AHMAD RESIDENT OF VILLAGE SARAI HAMID P.S. + P.O. HAYAGHAT, DISTRICT DARBHANGA. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. DISTRICT EDUCATION OFFICER, DARBHANGA. 4. DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA. 5. BLOCK EDUCATION EXTENSION OFFICER, BAIHRI, DARBHANGA. 6. TREASURY OFFICER, DARBAHNGA. 7. THE ACCOUNTANT GENERAL, (A&E) BIHAR, PATNA ----------- 02. 12.04.2010 Heard the learned counsels for the petitioner, State and the Accountant General. It is submitted on behalf of the petitioner that even though the Accountant General has issued the authorization for payment of the commuted value of pension and also the arrears of pension of her husband who retired on 31st of October 2003 and later on died on 28th of October 2008, the aforesaid amount has remained to be paid as yet to the petitioner who is widow. Learned counsel for the Accountant General submits that from the letter contained in Memo No. 405 dated 11.08.2008 (Annexure-6), it would appear that for want of non payment certificate to be issued by the Treasury Officer, Darbhanga, further authorization is not being issued by the office of the Accountant General. 2 Learned counsel for the State submits that petitioner is required to file affidavit to the effect that he has not received the aforesaid payment. In the above circumstances, learned counsel for the petitioner submits that within a period of two weeks, petitioner shall submit the required affidavit before the Treasury officer, Darbhanga (Respondent No. 6) stating therein to the effect that the petitioner has not received the amount of the commuted value of pension as also the arrears of pension of her husband amounting to Rs. 1,70,159/-and thereafter, on receipt of the same, the Treasury Officer, Darbhanga within a period of two weeks shall send the non payment certificate to the Accountant General, Bihar Patna under intimation to the petitioner. The respondent – Accountant General on receipt of the aforesaid certificate from the Treasury Officer, Darbhanga shall issue the necessary authorization in favour of the petitioner within a period of three weeks thereafter so that the payment in question could be made to the petitioner. The learned counsel for the petitioner submits that for rest of the grievances if any, petitioner will be at liberty to represent her claims before the respondent no. 4 within a period of four weeks 3 stating details of unpaid claims if any along with the certified copy of the present order as also the copy of the relevant documents in support of the claim, the above respondent shall consider the claims of the petitioner as raised in the representation in accordance with law expeditiously, preferably within a period of four months on receipt of such representation so that the left out grievances of the petitioner admissible could be settled without delay and the admitted dues if any, could also be paid along with interest permissible under the rules. The writ application stands disposed of with the above observations/directions. Jagdish ( Shailesh Kumar Sinha, J)