IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13343 of 2005 ASTUTI DEVI Versus THE STATE OF BIHAR & ORS ----------- 05 12.05.2010 The petitioner is a widow of late Atindra Kumar Pandey who was appointed on the post of Moharrir (Non-Matric) vide letter no. 1845 dated 13.7.1970, and on which post he gave his joining on 14.7.1970. The husband of the petitioner was allowed the pay-scale of a matric passed Moharrir by the Deputy Collector, Revenue Division, Bettiah vide letter no. 626 dated 6.3.1990 and letter no. 1104 dated 2.7.1990 with effect from 17.3.1988. He died in harness on 8.6.1994 serving the department for a period of almost 24 years. After his retirement the deceased employee was granted promotion to the junior selection grade under memo no. 1971 dated 16.8.2007 (Annexure-E). The aforesaid facts are manifest from the counter affidavit filed on behalf of the respondents. Learned counsel for the petitioner submits that during the pendency of the proceedings most of the retiral benefits and other dues as found admissible to the petitioner has since been paid save and except the following dues, namely: (a) Revision of family pension with effect from 8.6.1994 in the light of the order of promotion dated 16.8.2007 (Annexure-F); (b) Payment of the G.P.F. amount for the period 1976-77 up to October, 1979; and (c) Payment of 40 per cent of the deposited amount in the group insurance account together with admissible interest in terms of - 2 - Clause-3 (ga) of the Finance Department Resolution No. 4185 dated 13.7.1985 (Annexure-7). In so far as payment of the G.P.F. amount for the period 1976-77 up to October, 1979 is concerned it has also not been paid to the petitioner and which fact is apparent from Memo dated 2.6.1995 of the General Provident Fund Officer, East Champaran, Bettiah addressed to the Deputy Collector placed at Annexure-6 to the rejoinder. Learned counsel for the petitioner submits that though the consequential benefits of arrears of salary in the light of the order of promotion as contained in Annexure-F was paid to the petitioner but the respondents have not yet revised her family pension in the said light. Taking into consideration the circumstances aforesaid, I am of the opinion that the writ petition can be disposed of with a direction to the respondent no. 5, the Executive Engineer, Revenue Division, Gandak Yojana, Bettiah to take all possible steps for redressal of the pending grievance of the petitioner as set out in this order within a period of three months from the date of receipt/production of a copy of this order. Such of the claims of the petitioner aforesaid which are not found admissible, may be disposed of by a speaking order to be passed within the same period. Ordered accordingly. S.Sb/- (Jyoti Saran, J.) - 3 -