IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3910 of 2008 AALAMTAB AHMAD KHAN, son of Late Kusha Khan, resident of Village Barnpura, P.O. + P.S. Khaira, District Saran. ---Petitioner Versus 1. The State Of Bihar through the Secretary, Home Department, Government of Bihar, Patna. 2. The Accountant General, Bihar, Patna. 3. The Secretary, Finance, Government of Bihar, Patna. 4. The State of Jharkhand through the Secretary, Government of Jharkhand, Ranchi. 5. The Accountant General, Jharkhand, Ranchi. 6. The Superintendent of Police, Giridih. ---Respondents ----------- 6. 8.7.2009 Heard the learned counsel for the petitioner, the State of Bihar and the State of Jharkhand as also the learned counsel appearing for the Accountant General, Bihar. The claim of the petitioner is for payment of family pension. It is submitted on behalf of the petitioner that the father of the petitioner, who was a Constable, took the retirement while in service with effect from 11.10.1973 on account of his physically becoming disable and was receiving the invalid pension. However, later on the father of the petitioner died on 12.7.2005. The learned counsel for the petitioner submits that the petitioner, who is physically handicapped, is entitled to get the family pension with effect from 13.7.2005 in terms of the Family Pension Scheme for the State Government Employees, 1964 as modified as per Memo no.PP-11-1025/75/1884F dated 19.3.1975. It is further submitted that the petitioner represented his grievance before the 2 Accountant General as per his representation dated 16.3.2006, as contained in Annexure 1, through the then Superintendent of Police, Giridih, where the father of the petitioner was working. The said representation has been disposed of by the Superintendent of Police, Giridih, as contained in Annexure 3, whereby the request for grant of family pension was declined purportedly in the light of Pension Rules issued by the Finance Department vide Resolution no.P.C.-01/99- 11556 F.Pen. dated 22.12.1999, as contained in Annexure R/3 of the counter affidavit filed on behalf of respondent no.6. Learned counsel submits that the representation was given to the Accountant General, Bihar, Patna and that representation ought to have been considered by the competent authority of the State of Bihar. In the above circumstances, the learned counsel for the petitioner submits that for expeditious redressal of his grievances, the petitioner proposes to file a representation before the Secretary, Home Department, Government of Bihar, Patna (respondent no.1). In case such a representation is filed within a period of four weeks along with the specific details as also the copy of the relevant documents in support of his claim along with the certified copy of the present order, the respondent no.1 shall consider the grievances of the petitioner as raised in his representation and dispose it of in accordance with law expeditiously, preferably within a period of four months on receipt of such representation. While considering the representation of the petitioner, the aforesaid authority shall not take into consideration the order issued by the Superintendent of Police, Giridih, as contained in 3 Memo No.837 dated 30th of March, 2007 (Annexure 3). The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)