IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5415 of 2005 MULUK RANI DEVI, wife of late Ram Naresh Singh, resident of Village – Beera, P S – Hulasganj, District – Jehanabad. …………….. Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Bhojpur at Ara, District – Bhojpur. 3. The Block Development Officer, Tarari, P S – Tarni, District – Bhojpur. 4. The Provident Fund Officer, Bhojpur, District – Bhojpur, at Ara. 5. The Accountant General Bihar, Birchand Patel Path, Patna, Bihar. ………………….. Respondents ----------- 04. 06.02.2009 Husband of the petitioner was a Village Level Worker who retired on 31.1.1997 and died on 26.08.2004. After the death of her husband the present petitioner who is the wife of late Ram Naresh Singh was confronted with an objection raised by the A.G., Bihar that the benefit of pay fixation made in favour of petitioner’s husband cannot be allowed because his service book does not indicate that he had passed Hindi Noting & Drafting Examination. That was the reason the respondent authorities of the State were directed to make necessary correction and even effect recovery. The other grievance of the petitioner was non payment of GPF amount. Submission of the learned Senior Counsel appearing for the petitioner is that these deductions are said to be made after the retirement and death of the husband of the petitioner without any opportunity of show cause or notice in this regard and even these recoveries cannot be effected post retirement if there is nothing to show from the record that the benefit of pay-scale given to her husband was all obtained by him by misrepresentation or fraud . Keeping in mind settled decision in law rendered by the - 2 - Full Bench in the case of Ram Binod Singh v. The Bihar State Electricity Board, 2007 (3) PLJR 398 the contention of the petitioner seems to be correct. In that view of the matter the objection raised by A.G. Bihar vide letter dated 11.6.2004 contained in Annexure-1 is quashed. The action of the respondent State effecting deduction in this regard is also set aside and a direction is issued upon the respondent authorities to refund the deducted amount to the petitioner within a period of three months from the date of communication / production of a copy of this order. The office of the A.G. Bihar is now directed to fix the family pension, gratuity etc. in favour of the petitioner with the pay scale which had already been granted to the husband of the petitioner. An exercise in this regard will also be done within a period of three months. The claim of G.P.F. of the petitioner has already been met by respondent details of which have been furnished with the counter affidavit filed on behalf of the District Provident Fund Officer, Bhojpur but in case there is any discrepancy or if any period is still left the District Provident Fund Officer shall ensure that balance payments are also made to the petitioner within the same time-frame. The writ application is allowed. rkp (Ajay Kumar Tripathi, J)