IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10141 of 2005 GIRIJA DEVI Versus THE STATE OF BIHAR & ORS ----------- 5 06.05.2010 Mr. Dinesh Jha, learned counsel for the petitioner, learned counsel for the State and Mr. L.P.K. Rajgrihar, learned counsel representing the Accountant General are present. The substituted petitioner is the mother of late Anup Kumar Mahto who joined service as an Assistant Teacher in Education Department on 4.10.1999 and died in harness while posted as such on 16.9.2003 suffering from Hepatitis B. A copy of the death certificate is annexed at Annexure-1 to the writ petition. The writ petition was originally filed by the father of the deceased employee claiming payment of the retiral benefits found admissible including payment of family pension. Unfortunately the original petitioner also expired during the proceedings and has been substituted by his wife Girija Devi who is pursuing the matter. - 2 - The dues set out in the writ petition relates to payment of family pension, arrears of salary for the period July 2003 and August 2003, amount towards medical allowance and dearness allowance as also towards the G.P.F. amount. A counter affidavit has been filed today on behalf of the District Superintendent of Education, Lakhisarai and in paragraph 4 of the counter affidavit it is stated that the G.P.F. amount with interest has been paid to the petitioner through authority slip dated 14.11.2006. It is also contended that the family pension is also being paid to the petitioner, copies of the payment in relation to G.P.F and family pension has been enclosed as Annexure-A series. In paragraph 6 it is stated that the salary for the period July, 2003 to August 2003, while the deceased employee was ailing, has not been paid, as neither earned leave nor medical leave was sanctioned to the deceased employee. In so far as medical allowance and dearness allowance is concerned, it is stated that the same is paid directly through the Bank to the - 3 - pensioner together with final pension and petitioner ought to have received the same. Thus two issues yet remains to be considered namely payment of salary to the deceased employee for the period July, 2003 to August 2003 and payment of dearness allowance and medical allowance on the family pension to the pensioner through the Bank. Taking the issue of salary at the first instance, I am of the opinion that the District Superintendent of Education, Lakhisarai would reconsider this claim of the petitioner and if it is found that the deceased employee was entitled to the salary claimed or any part thereof, by grant of earned leave, medical leave or extraordinary leave, the same may be made over to the petitioner. In so far as medical allowance and dearness allowance is concerned, the petitioner would represent before the pension disbursing authority for payment of the same, together with its arrears and which would be considered and if it is found admissible and is not being paid, the same should be paid - 4 - within a period of three months from the date of receipt/production of a copy of this order. The writ petition is disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J.)