IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8347 of 2005 MOSTT.MADHURI MISHRA Versus THE STATE OF BIHAR & ORS ----------- 04/ 04-03-2010 Mr. Rakesh Kumar Sinha for the petitioner is present. No body appears either on behalf of the State or Nagar Parishad, Munger. The writ petitioner is the widow of Late Rabindra Kumar Mishra who died in harness on 15.11.2000 while holding the post of Pump Attendant in the Munger Nagar Parishad. Upon non-payment of the post retiral and other dues, the writ petition was filed by the widow. The writ petitioner by way of the present writ petition has prayed for payment of the death-cum-post retiral dues as admissible to her Late husband relatable to pension, gratuity, leave encashment, provident fund with upto date statutory interest and the difference of salary consequent upon the pay revision which took place in the year 1986 and 1996 to be calculated until the death of her husband on 15.11.2000. Though the writ petition was filed in the year 2005 and has remained pending for a period of almost five years but neither there is any representation on behalf of the Nagar Parishad nor any counter affidavit is available on the record of the proceedings. In such circumstances, no useful purpose would be served in keeping the writ petition pending and the same is disposed of with a liberty to the petitioner to file representation before the respondent no. 5, the - 2 - Executive Officer, Munger Nagar Parishad, Munger setting out her claim for payment of the post retiral and other dues as set out in this writ petition and also noticed in this order and which shall be examined by him and the admissible claims of the petitioner together with upto date statutory interest shall be paid to her within a period of three months from receipt of such representation. Needless to add that if the respondent no. 5, the Executive Officer, Munger finds any of the claims of the petitioner inadmissible, he shall dispose of the same by a reasoned order. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)