IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4276 of 2007 MOST.NASIBANI KHATOON W/o- Late Abdul Aziz @ Md. Ajij, resident aof village- Asgaon, P.S.- Bahadurpur, district-Darbhanga. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Bihar Patna. 2. The Commissioner-cum-Secretary, Department of Health, Government of Bihar, Patna. 3. The Accountant General (A & E), Bihar, Patna. 4. The Superintendent, Darbhanga Medical College Hospital, Darbhanga, Bihar. ----------- 3 26.03.2010 Mr. N.A. Shamshi, learned counsel for the petitioner, Mr. Bhaskar Shankar, learned A.C. to G.P. 12 for the State and Mr. J.P. Karn, learned counsel representing the Accountant General are present. The petitioner is the widow of late Abdul Aziz @ Md. Ajij who died in harness on 6.12.1966 while working on a Class-IV post. The non payment of the admissible dues of the retiral benefits led to the filing of the writ petition for payment of provident fund, gratuity, arrears of family pension with effect from 1.9.1966 together with admissible interest thereon. A counter affidavit was filed on behalf of the State and its authorities and in which it was stated that the group insurance and unutilized leave salary was not admissible to - 2 - the petitioner under the Rules and as there were no deductions towards G.P.F. hence even the said amount was not admissible. In so far as the pension and gratuity claim of the petitioner is concerned it was stated that the relevant papers for sanction of pension and gratuity has been sent to the Accountant General under letter No. 3726 dated 29.7.2008 (Annexure-L). It is in this background that learned counsel for the Accountant General was directed to verify the position and seek instruction. Mr. J.P. Karn, learned counsel representing the Accountant General submits that he is already instructed the authorities of the Accountant General to process the pension and gratuity claim of the petitioner on the basis of papers/documents available and expects that the authorization would be issued within a week. In view of the categorical statement made in paragraph 16 of the counter affidavit of the State as well as statement of the learned counsel representing the Accountant General, this writ petition is disposed of with - 3 - the direction to the Accountant General to issue authorization of the pension and gratuity claim of the petitioner within two weeks from today and whereafter the concerned authorities of the State of Bihar to ensure the payment thereof. As it is a case of an employee dying in harness as back as on 6.12.1966, hence it is expected that the respondents would act with utmost promptness in redressing the grievance of the petitioner and complete the process of payment expeditiously and preferably within four weeks from today. The writ petition is disposed of. Bibhash (Jyoti Saran, J.)