IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11213 of 2005 SONI KUMARI & ANR Versus THE STATE OF BIHAR & ORS ----------- 02/ 05.04.2010 No body appears on behalf of the petitioners. Mr. Rajesh Kumar, assisting counsel to A.A.G. 6 for the State and Mr. Sanjay Kumar for the Accountant General are present. The writ petition had been filed by one of the daughters and the son of late Raja Ram Rajak who died in a road accident on 9.2.1993 along with his wife while holding the post of Executive Engineer, Irrigation at Birpur, Supaul. The petitioners complain of non-payment of leave encashment and the provident fund amount. In so far as the unutilized leave is concerned, it is stated that the Accountant General, Bihar was requested vide memo no. 383 dated 28.6.1997 (Annexure-R/D) with reminder vide letter no. 1816 dated 21.7.2005 (Annexure-R/F), for issuance of authorization in respect of unutilized leave amount. In so far as the G.P.F. amount is concerned, it is stated that the entire admissible G.P.F. amount was paid to Ms. Savita Kumari, the eldest daughter of late Raja Ram Rajak and thus it is submitted that nothing remains. The counter affidavit(s) were filed in the year 2005 and thereafter the matter has been taken up after five years and there is - 2 - no rejoinder to the statement made in the counter affidavit as well as there is no representation on behalf of the petitioner. In that view of the matter, the writ petition is dismissed for non-prosecution. S.Sb/- (Jyoti Saran, J.)