IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11521 of 2006 BINOD BIHARI PANDEY, SON OF LATE RAJESHWAR PANDEY, RESIDENT OF MOHALLA – CIVIL LINES, BUXAR, P.S.- DISTRICT-BUXAR ………………………. PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE ENGINEER-IN-CHIEF, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE CHIEF ENGINEER (MECHANICAL), WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 5. THE EXECUTIVE ENGINEER, MECHANICAL FIELD MECHANIARY DIVISION, DIGHA AT KARBIGHAHIA, PATNA 6. THE EXECUTIVE ENGINEER, MECHANICAL DIVISION, DEHRI, P.S.-DEHRI, DISTRICT-ROHTAS ……………………. RESPONDENTS. ----------- 02. 06.05.2011 Counsel for the petitioner as well as State are present. Prayer of the petitioner was for commanding the Respondents to make payment of arrears of difference of salary after its fixation in the proper pay-scale with effect from 01.01.1986 and also for payment of all retiral dues. During pendency of the Writ Application, the writ petitioner, Binod Bihari Pandey died on 03.10.2010, leaving behind his legal heirs, widow Smt. Sharda Pandey and his son Ajit Kumar Pandey. I. A. No. 1815 of 2011 filed by the legal heirs for substituting their names and expunging the 2 name of writ petitioner is allowed. Legal heirs are substituted in place of original writ petitioner. Petitioner retired from his service on 30.04.1999. The facts, as revealed in the Writ Application, indicate that petitioner suffered paralytic attack in the year 1991 as a result of which he was not able to discharge his duties after October, 1992. The information regarding his illness was sent to authorities, but his salary for the period in between, as well as pension and pensionary benefits were not allowed to him. The Counter Affidavit filed on behalf of Respondent Nos. 1 to 5 indicates that the authorities came to know about the ailment of the petitioner on 09.11.2005 after receiving an application of the petitioner, informing that he suffered paralytic attack followed by severe Spondilities since October, 1992. From the Service Book of the petitioner, it transpires that he was scheduled to retire on 30.04.1999. Service Book of the petitioner was sent for up to date entry. So far entry in account regarding GPF statement are concerned, after receiving the pension papers, petitioner has been paid his leave encashment amount, GPF, Group Insurance, 3 Gratuity and provisional pension. So far difference of pay of DTPA is concerned that has also been sanctioned and bill was sent to Treasury Officer, which was not passed. Now, petitioner is not alive, as such the difference of salary amount for the period in between 1986 to 1999 has to be paid to his legal heirs. The bill also needs to be corrected and modified, so that it can be paid to them. This application is being disposed of, directing the Respondent Authorities to prepare a fresh bill with regard to the difference of pay of duty period. The bill must be prepared in the name of substituted petitioner, Smt. Sharda Pandey and be sent to the Treasury Officer for its payment. Petitioner must be paid this amount within 12 weeks from the date of production / communication of this Order. This application is disposed of. SKM (Mridula Mishra, J.)