IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13945 of 2008 NILAM KUMARI WIFE OF LATE RAVINDRA PRASAD SINGH, RESIDENT OF VILLAGE – NIMI, P.S. SHEKHOPUR SARAI, DISTRICT - SHEKHPURA Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, JAMUI, BIHAR. 4. THE DEPUTY COLLECTOR, ESTABLISHMENT, JAMUI, BIHAR. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, JAMUI, BIHAR. 6. THE DISTRICT PROVIDENT FUND OFFICER, JUMAI, BIHAR. 7. THE ACCOUNTANT GENERAL, BIHAR, PATNA. 8. VIJAY KUMAR SON OF LATE RAVINDRA PRASAD SINGH, RESIDENT OF VILLAGE – NIMI, P.S. SHEKHOPUR SARAI, DISTRICT – SHEKHPURA. ----------- 04. 25.03.2010 Learned counsel for the petitioner, State, Accountant General as also the respondent no. 8. The grievance of the petitioner is that after the death of her husband namely, late Ravindra Prasad Singh who died on 01.12.1998 while working as Headmaster of Middle School Sabal Bigha (Sikandra) Jamui, no death-cum- retiral dues was paid. The claim of the petitioner was contested by the respondent no. 8 which led to the filing of the writ petition vide C.W.J.C. No. 12013 of 2001 and C.W.J.C. No. 13859 of 2001 which were disposed of by order dated 04.12.2001 (Annexure-2). Thereafter, succession certificate case no. 1 of 2002 and succession case 3 of 2002 filed on behalf of the petitioner and respondent no. 8 respectively were disposed of by order dated 18th of May 2008 (Annexure-1) passed in Succession case no. 1 of 2002 in which the succession case no. 3 of 2002 was amalgamated. Learned counsel for the respondent no. 8 submits that that against the order allowing grant of Succession Certificate, a miscellaneous appeal vide 287 of 2008 has been filed in this court which is pending. However, there is no interim stay. Learned counsel appearing for the State submits that respondent no. 8 has filed a Miscellaneous appeal, as referred to the above which is pending in this court and as such, no sanction order has been issued for payment of the retiral dues as per the succession certificate. Learned counsel for the Accountant General submits that necessary letters have been sent to the Department for sending sanction for payment. In view of the submission of the parties that the order for grant of the succession certificate which has been passed as per order dated 15th of May 2008 in succession case no. 01 of 2002 in which the succession case no. 03 of 2002 filed by the respondent no. 8 was amalgamated. Learned counsel for the petitioner submits that for redressal of her grievance with regard to the claim for death-cum-retiral dues, petitioner proposes to file a representation before the respondent no. 5 stating details of unpaid claims as also copy of the relevant documents if any in support of such claim along with succession certificate. In case such representation is filed within a period of six weeks, the respondent no. 5 shall consider the grievances of the petitioner after giving due notice to the respondent no. 8, Shri Vijay Kumar son of late Ravindra Prasad Singh (deceased employee) and dispose of the representation expeditiously, preferably within a period four months on receipt of such representation so that admissible dues could be paid to the person entitled to receive the dues as per the succession certificate in absence of any order of stay issued by the competent court of law. The writ application is disposed of with the above observations/directions. Jagdish (Shailesh Kumar Sinha,J.)