IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15307 of 2011 Prabhawati Devi, Wife of Late Parshuram Tiwari, Resident of Village – Harpur Kothi, P.O.- Panditpur, Police Station – Janta Bazar, District – Saran. ……………… Petitioner Versus 1.The State Of Bihar through the Bihar State Electricity Board, Patna through its Chairman. 2.The Executive Engineer, Electricity Supply Division, Hathidah, District – Patna. 3. The Assistant Executive Engineer, Electricity Trans. Sub-Division, Barh, District – Patna. ……………….. Respondents ---------------------------------- 2 15.09.2011 Heard Sri Umesh Kumar Mishra, learned counsel for the petitioner and Sri Ajay Kumar Gautam, learned counsel appearing on behalf of all the Respondents/Bihar State Electricity Board. The husband of the petitioner was a class IV employee (Khalasi) and retired with effect from 31.01.2011 from Barh Transmission Grid Sub Division, Barh within the district of Patna and before getting any retiral dues he died on 28.06.2011. The petitioner being widow of deceased employee approached the authority concerned by filing representation for clearing death-cum-retiral dues of her husband as well as for fixing and paying family pension. Learned counsel for the petitioner has drawn my attention to ‘Annexure – 6’ to the writ petition i.e. a representation of the petitioner filed before Respondent No. 2/Executive Engineer, Electricity Supply Division, Hathidah, District – Patna. It was submitted that neither death-cum-retiral dues or family has been fixed nor any decision has been taken on the representation filed by the petitioner. In view of the facts and circumstances, the court is of the opinion that writ petition can be disposed of granting liberty to file a 2 fresh representation before Respondent No. 2 in respect of claim made in the present writ petition within a period of six weeks from today. If such representation is filed, Respondent No. 2 is required to examine the same and pass appropriate order within a period of eight weeks from the date of filing of such representation. If Respondent No. 2 considers the claim of the petitioner as genuine, he is also required to pass order for clearing death-cum-retiral dues of the husband of the petitioner and also fix family pension of the petitioner within a period of eight weeks from the date of filing of such representation. Even in case of refusal, Respondent No. 2 is required to pass a speaking order and communicate the same to the petitioner within eight weeks from the date of filing of such representation. It goes without saying that petitioner shall be entitled to get admissible statutory interest on delayed payment. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)