IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7533 of 2005 GEETA DEVI widow of Late Madan Singh, resident of village- Barahi Hariram, P.S.- Mejarganj, District- Sitamarhi. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Sitamarhi. 3. The Anchal Adhikari, Block Majoranj. 4. Officer-in-charge, P.S.- Majarganj 5. The Provident Fund Officer, Sitamarhi 6. The Accountant General, Bihar, Patna ----------- 5 04.08.2009 Heard learned counsels for the petitioner, State and the Accountant General. A supplementary affidavit has been filed on behalf of the petitioner stating therein to the effect that during the pendency of this writ application the respondents have obtained the necessary formalities of the petitioner in connection with sanction of the family pension. Copy of the said affidavit has been served on the counsel for the State. The stand of the petitioner is that so far the payment of family pension is concerned the only requirement as per the extant government instructions as contained in Annexures- 3 & 4 to the supplementary affidavit issued in connection with sanction of family pension is that the employee concerned must have served the State for a minimum period of one year and the said requirement was also later waived. As such the husband of the petitioner had admittedly worked for a period more than eight years, as would be appearing from the statements made in the counter affidavit, as such, petitioner is entitled to receive the family pension. Learned counsel for the State submits that in case - 2 - petitioner files a fresh representation annexing the relevant documents in support of her claim, the same shall be considered without delay in accordance with law especially in the light of the government instructions as contained in Annexures- 3 & 4 of the supplementary affidavit. In the above circumstances, petitioner is permitted to make a fresh representation before the respondent no.2 stating the details of her claim and also copy of the relevant documents, if any, including the aforesaid government instructions as contained in Annexures- 3 & 4 of the supplementary affidavit along with the certified copy of the present order within a period of four weeks from today. On receipt of such representation, the respondent no.2 shall consider the claims of the petitioner for payment of family pension in accordance with law expeditiously preferably within a period of four months on receipt of such representation. Upon such consideration in case the claims of the petitioner are found admissible as per rule/extant instructions the respondent no.2 shall take further steps including sending the sanction order to the respondent no.6 for issuance of necessary authorization for payment of family pension. The writ application is disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)