IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5085 of 2010 PRATIMA DEVI, wife of Shri Abhay Kumar Srivastava, resident of Mohalla Maula Bag, C/O Shri Rameshwar Prasad, P.S. Nawadah, District Bhojpur. ---Petitioner Versus 1. The State Of Bihar. 2. Principal Secretary, Human Resources and Development Department, Govt. of Bihar, New Secretariat, Patna. 3. Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 4. District Education Officer, Rohtas (Sasaram). 5. Headmaster, Madhya Vidyalaya, Muradabad, District Rohtas. ----Respondents ----------- 2. 25.3.2010 Heard the learned counsel for the petitioner and the respondent-State. It is submitted that the mother of the petitioner was an Assistant Teacher in Madhya Vidyalaya, Muradabad, Rohtas, who died in harness on 17th of February, 2001 leaving behind the petitioner, who is her daughter and one son, namely, Shambhu Prasad Srivastava as stated in paragraph 5 of the writ application. It is further submitted that on being approached for payment of the retiral dues, the petitioner was directed to obtain a succession certificate from the competent court of law with respect to the claim for retiral dues. Accordingly, the petitioner filed a succession certificate case for obtaining the succession certificate, vide Misc. Case No.57/247 of 2002/2007, which was allowed and the succession certificate was granted on 2nd of August, 2008 with respect to the retiral dues entitling the petitioner to the extent of 50% and 50% to her brother, namely, Shambhu Prasad Srivastava. The total dues of the mother of the 2 petitioner was communicated to the court by the District Superintendent of Education, Rohtas, Sasaram as per letter No.251 dated 13th of April, 2004, as contained in Annexure 2, indicating the details of the entitlement, including the payment of the leave encashment and G.P.F. dues as also other dues. It is further submitted that on receipt of the aforesaid succession certificate, as contained in Annexure 1, in respect of making the payment as per the succession certificate, the petitioner was directed by the District Superintendent of Education, Rohtas to submit the pension paper as also the original service book of the mother of the petitioner vide letter No.442 dated 2nd of April, 2009, as contained in Annexure 4. The petitioner replied vide his letter dated 1.5.2009, as contained in Annexure 5, stating therein to the effect that the service book of the mother of the petitioner, who died in harness, is not with the petitioner and there is no justification for keeping the service book with her. As such, on account of the alleged non-availability of the service book of the mother of the petitioner, no retiral dues have been paid to the petitioner, who is a patient of Cancer for the last two years and is in dire need of money. Learned counsel appearing for the State, on the other hand, submits that although the succession certificate has been produced by the petitioner stating the details of her entitlement as indicated by the District Superintendent of Education, Rohtas to the court, but for want of service book, claims have not been finally settled. 3 Learned counsel for the petitioner submits that 50% on account of group insurance for a sum of Rs.39,405/- has been paid to the petitioner as stated in paragraph 18 of the writ application. However, the learned counsel for the petitioner submits that for expeditious disposal of the pending claims, the petitioner proposes to file a fresh representation before the Director, Primary Education, Govt. of Bihar, Patna (respondent no.3). In case such a representation is filed stating the details of her 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, respondent no.3 shall consider the grievances of the petitioner as raised in her representation and dispose it of in accordance with law expeditiously, preferably within a period of four months on receipt of such representation, so that the grievances of the petitioner as raised in her representation may be settled without further delay and the admitted dues may also be paid as per the succession certificate, as contained in Annexure 1, with permissible interest. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)