IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.396 of 2007 MOSMAT BHAGWATI DEVI wife of late Chakradhar Khan, resident of village Parri, P.S. Bangaon, District Saharsa Versus 1. THE STATE OF BIHAR through the Secretary, Rural Development Department, Patna. 2. The accountant General, Bihar, Birchand Patel, Path, R. Block, Patna. 3. Deputy Commissioner, West Singhbhum, Chaibasa. 4. Deputy Commissioner, Saraikela. 5. the Block Development Officer, Gamharia, Singhbhum, Chaibasa, Jharkhand. ----------- 9 12.04.2010 Heard Mr. Gajendra Kumar Jha, learned counsel for the petitioner, Mr. Dhananjay Kumar, learned A.C. to G.P.12 for the State of Bihar, Mr. Dhruba Mukherjee, learned counsel for the State of Jharkhand and Mr. Amar Nath Singh, learned counsel for the Accountant General. The petitioner is a widow of late Chakradhar Khan, a Class III employee who died in harness as back as on 2.11.1963. The deceased husband of the petitioner at the relevant time was posted in at Gamaharia Block which now falls in the District of Saraikela in the State of Jharkhand. Upon non payment of the death-cum-retiral benefits, the present writ petition came to be filed. A counter affidavit was filed on behalf of - 2 - the Deputy Commissioner, respondent No.3 and in paragraph 14 thereof it was categorically mentioned that all papers in respect of pension and other benefits arising out of death of the above named employee late Chakradhar Khan, was sent to the Accounts Officer, Office of the Accountant General, Bihar, Patna by registered post vide letter No. 3522 dated 31.12.1973. The concerned respondent has also enclosed the relevant portion of the dispatch register placed at Annexure-R/2 of the affidavit. The Deputy Collector, Establishment has also placed on record, the Acquittance Roll of late Chakradhar Khan for the period September 1962 to February, 1963 to demonstrate the salary being drawn by the deceased employee. Despite the adjournments, pension papers of the petitioner which had been forwarded by the District Collector, Establishment and placed at Annexure-R/3 could not be traced out in the office of the Accountant General, Bihar, Patna. In such situation the pension and pensionary benefits to which the petitioner is entitled has not been paid to her. Considering the situation aforesaid, where the original pension papers forwarded by the - 3 - controlling Department in the State of Jharkhand is not to be traced but nonetheless the very fact that the pension papers had been forwarded by the Deputy Collector, Establishment in no uncertain terms manifest that the petitioner was indeed entitled to family pension, the issue has to be resolved on the basis of the available materials on the record of the proceedings. Faced with this situation Mr. Gajendra Kumar Jha, learned counsel for the petitioner submits that undoubtedly, the petitioner is entitled for payment of family pension and other pensionary benefits on the basis of the years of service of her late husband and on the basis of the salary drawn by her late husband on record of the proceedings at Annexure-R/2 of the affidavit filed on behalf of the Deputy Collector, Chaibasa. He thus submits that in the extra ordinary circumstances a second sanction order can be issued by the respondents on the basis of the minimum entitlement of family pension of the petitioner, keeping into consideration the last six months salary drawn by the deceased employee which indeed is placed on record by Annexure-R/2. I am of the opinion that in the given - 4 - circumstances, the offer made by the learned counsel for the petitioner is rather fair and should not be objected to by either the State of Bihar or the State of Jharkhand or the Accountant General, Bihar, Patna. In that view of the matter, I think it appropriate to direct the respondent No.3, the Deputy Commissioner, Chaibasa as also the respondent No.4, Deputy Commissioner, Saraikela to process the family pension papers together with other pensionery entitlements of the petitioner on the basis of the salary drawn by her late husband and placed at Annexure-R/2 and by giving the revisional effect thereto, up till date, and after according sanction thereto, forward the same to the Accountant General, Bihar, Patna for necessary authorization, after calculation of its arrears. As indeed the petitioner is awaiting the family pension since the year, 1963 it is hoped and trust that the respondent Nos. 3 and 4 would process the family pension papers of the petitioner within 8 weeks from the date of receipt/production of a copy of this order and forward the same to the Accountant General, Bihar, Patna for authorization and who should accord the same without causing - 5 - unwanted delay within two weeks thereafter and whereafter the concerned authorities of the State of Bihar should make payment thereof without causing any further delay and preferably within four weeks of receipt of the authorization from the Accountant General. The document placed at Annexure-R/2 further demonstrates that the provident fund account maintained with the Accountant General, Bihar relating to the deceased employee had a number, G.A.45022 and thus certain deductions were also made towards provident fund account. The Accountant General would be well advised to examine the claim of the petitioner for the provident fund for the reason that prior to 1982 the accounts of all employees were maintained with the Accountant General and whatever amount is found admissible for payment towards provident fund to the petitioner, may also be authorized and payment be made thereof by the authority concerned. The writ petition is disposed of with the direction(s) aforesaid. Bibhash (Jyoti Saran, J. )