IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12478 of 2005 SMT.LEKHA DEVI Versus THE STATE OF BIHAR & ORS ----------- 09/ 01.07.2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General. This writ petition has been filed for payment of death-cum- retiral dues of the husband of the petitioner, who died on 24.04.1997 in harness while working as confirmed Village Level Worker. After hearing the arguments of learned counsel for the parties, this Court on 18.07.2007 found the dispute with regard to the following four items :- (a) Group Insurance: As per the Resolution No. 4185 dated 13.7.1985 of the Finance Department of the Government of Bihar, wherein paragraph 3(g) he is entitled for 30% amount deposited with interest thereon. (b) The interest on Gratuity from the date of admissibility to the date of its payment @ 6% per annum as prescribed by Government of Bihar in its Circular. (c) Interest on amount of the Provident Fund as per the prescribed rules. (d) The benefit of Second Time Bound Promotion and the consequential revision and refixation of all Post Retirement benefits emanating from - 2 - the grant of higher pay scale and its payment by way of difference of amount on the various heads of retirement benefit, already paid. It was also stated in the counter affidavit filed by respondents no. 2 and 4 that the second time bound promotion/A.C.P. was due but it could not be materialize because of absence of gradation list of the Village Level Workers and the preparation of such a list is at the final stage. In the said circumstances, adjournment was granted to learned counsel for the State on the said date for filing a supplementary counter-affidavit with regard to the aforesaid items and also to ensure payment of further admitted amount of the petitioner so that writ petition could be disposed of on the next date. Now second supplementary counter affidavit has been filed on behalf of the State and its authorities stating that payments of all the admitted dues to the petitioner have already been made and that the deceased husband of the petitioner was not entitled to the Second Time Bound Promotion/A.C.P. Learned counsel for the petitioner admits that several amounts payable on the death of her husband have been paid to her but till date payments of amount under several heads as well as Second Time Bound Promotion/A.C.P. are due. With regard to Second Time Bond Promotion/A.C.P., it is noted that there is no order of any of the authorities concerned with respect thereto and only some statement has been made in the aforesaid supplementary counter affidavit. - 3 - In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to file an application before the Collector, Araria ( respondent no.2) within four weeks from today raising all the points mentioned above and the Collector, Araria, shall consider each of them in accordance with law and dispose of the same by a speaking order within eight weeks thereafter and if it is found that any amount is due to be paid to the petitioner, it should be paid to her within eight weeks thereafter. MPS/ ( S. N. Hussain, J. )