IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7603 of 2010 PRABHA DEVI, W/O LATE NARAYAN PRASAD SINGH, R/O VILLAGE BANHARA,P.O.-BANHARA,VIA HAVALI KHARAGPUR,DISTRICT-MUNGER. ---Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, WATER RESOURCES DEPARTMENT,IRRIGATION BUILDING,PATNA. 2. THE CHIEF ENGINEER (MECHANICAL), WATER RESOURCES DEPARTMENT,OLD SECRETARIAT,PATNA. 3. THE EXECUTIVE ENGINEER,(MECHANICAL DIVISION), WATER RESOURCES DEPARTMENT, BIRPUR. 4. FINANCE SECRETARY,BIHAR,PATNA. 5. THE ACCOUNTANT GENERAL, BIHAR,PATNA. ---Respondents ----------- 2. 30.4.2010 Heard learned counsel for the petitioner and the respondent-State. It is submitted that the husband of the petitioner died in harness on 21st of March, 1995 while working on the post of Driver under respondent no.3-the Executive Engineer (Mechanical Division), Water Resources Department, Birpur. It is further submitted that the pay scale of the husband of the petitioner was not correctly fixed and due amounts were not paid. As such, the petitioner along with similarly ten other persons filed a case before the Labour Court, Purnia, vide Misc. Case No.1 of 1994 under section 33(c) (2) of the Industrial Disputes Act, 1947. The husband of the petitioner was not paid the arrears as directed by the Labour Court in its Award passed in the aforesaid case, vide Annexure 1. The other applicants of the said case before the Labour Court moved this Court through a writ petition, vide CWJC No.4391 of 1998, disposed of on 10th of March, 2000, as also another writ petition vide CWJC No.6869 of 2001, disposed of on 2 19.6.2001. This Court upheld the claim of the petitioner and directed the authority concerned to make payment of the arrears of salary as determined by the Labour Court and also fix the pensionary benefits on the pay scale determined by the Labour Court. It is submitted that other similarly situated applicants mentioned in the Award of the Labour Court had been allowed the relief by the Department. However, neither the arrears of salary as determined by the Labour Court or the family pension in favour of the petitioner has been determined accordingly. Learned counsel appearing for the State submits that the grievances of the petitioner shall be considered as per law at the earliest. In the above circumstances, the learned counsel for the petitioner submits that for expeditious disposal of the pending claims, the petitioner proposes to file a representation before the Executive Engineer (Mechanical Division), Water Resources Department, Birpur (respondent no.3). In case such a representation is filed stating the details of the aforesaid claims as also enclosing the copy of the relevant documents, if any, in support of such claims along with the certified copy of the present order within a period of six weeks, the grievances of the petitioner as raised in her representation shall be considered in accordance with law expeditiously, preferably within a period of four months on receipt of such representation. If the representation of the petitioner finds favour, the admitted dues, if any, may be paid and necessary communication may also be made to the 3 Accountant General, Bihar, Patna with regard to the fixation of family pension. However, upon consideration, if any of the claims or any part of the claims is found not admissible, the same shall be informed to the petitioner with the reasons thereof. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)