IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11035 of 2008 1. Rekha Kumari, Daughter of Late Braj Mohan Chaudhary and Wife of Pranav Kumar, Resident of Village – Hilalpur, P.O. – Hilalpur, Via – Bidupur, District – Vaishali. 2. Vibha Kumari, minor daughter of Late Braj Mohan Chaudhary. 3. Krishna Murari, minor son of Late Braj Mohan Chaudhary. Petitioner Nos. 2 & 3 through their sister guardian Petitioner No. 1. At present petitioner Nos. 2 & 3 residents of Village – Hilalpur, P.O. – Hilalpur, Via – Bidupur, District – Vaishali. …………… Petitioners Versus 1. The State Of Bihar. 2. The Secretary, Department of Health & Family Welfare, Govt. of Bihar, Patna. 3. The Director, Directorate of Health Services, Bihar, Patna. 4. The Additional Director, Family Welfare, Directorate of Health Services, Bihar, Patna. 5. Deputy Director, Jan Siksha & Sanchar, State Family Welfare Bureau, Bihar, Patna. ………. Respondents ---------------------------------- 3 15.11.2011 A prayer has been made by Sri Madhukar Mishra, learned A.C. to Government Advocate No. 9, to adjourn the case for filing counter affidavit. The present writ petition was filed in the year 2008 by the petitioner no. 1, who is major daughter of the deceased employee along with the petitioner no. 2 - minor daughter and petitioner no. 3 - minor son, of the deceased employee. The father of the petitioners was Tredil Machine Operator, Off-set Press Jan Shiksha and Sanchar, State Family Welfare Bureau, Patna in the Health and Family Welfare Department. While in service he died on 07.03.2005 due to an accident. Even though the government employee died in the year 2005 the respondents had not taken heed to clear the death-cum- retiral dues, and thereafter, the petitioners having no option 2 approached this court by filing the present writ petition. The writ petition was filed in the year 2008. Death of the employee had occurred in 2005. Even till today the respondents have not responded to the grievances of the petitioners and no counter affidavit has been filed till date. A new plea has been taken by learned counsel for the state that only yesterday the matter has been sent for legal opinion. The court is of the opinion that such a step has been taken only with a view to frustrate the legal right of the petitioners, and as such, without granting any further adjournment the writ petition stands allowed with direction to the respondents to take all steps to clear all death-cum-retiral dues of the father of the petitioners within a period of eight weeks from the date of receipt / production of a copy of this order. Considering the fact that the petitioners were deprived from their legal right to get death-cum-retiral dues of their father for such a long time, while allowing the writ petition it is desirable to impose a cost of Rs. 5000/-. The respondent/state is required to recover the amount of cost from the officer/employee responsible for delay in settlement of death-cum-retiral dues of the father of the petitioners. The cost also be paid within eight weeks from the date of receipt/production of a copy of this order. Cost is to be paid to the petitioners. Praful ( Rakesh Kumar, J.)