IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1244 of 2008 MALTI DEVI, W/O SHRI RAMESHWAR PANDIT, R/O VILLAGE-CHOTI PAHARI, P.O.-BADHI PAHARI, P.S.-AGAMKUAN, DISTRICT-PATNA, STATE OF BIHAR. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA, BIHAR. 2. THE CHIEF SECRETARY, OLD SECRETARIAT, GOVT. OF BIHAR, PATNA. 3. THE SECRETARY, SECONDARY EDUCATION, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 4. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA. 5. THE DEPUTY INSPECTRESS OF EDUCATION, GOVT. OF BIHAR, PATNA. 6. THE DISTRICT EDUCATION OFFICER, GOVT. OF BIHAR, PATNA. 7. THE SUB-DIVISIONAL EDUCATION OFFICER, GOVT. OF BIHAR, PATNA. 8. THE DISTRICT PROVIDENT FUND OFFICER, GOVT. OF BIHAR, PATNA. 9. THE DISTRICT TREASURY OFFICER, GOVT. OF BIHAR, PATNA. 10.THE ACCOUNTANT GENERAL, BIR CHAND PATEL MARG, PATNA. ………………RESPONDENTS. ----------- For the Petitioner : Mr.Mayanand Jha, Adv. and Mr.Munna Prasad Singh, Adv. For the State : Mr.Sunil Kumar Karn, AC to AAG-6. For the AG : Mr.Vivekanand Kumar, Adv. and Mr.Dhirendra Kumar Singh, Adv. ------------- 2 16.08.2010 I.A. No. 2912 of 2010 This I.A. has been filed for substituting the name of petitioner, who is said to have died on 26.12.2009, by her legal heirs and representatives as mentioned in paragraph 4 of the I.A. 2 There is no opposition to the I.A. The I.A. is allowed. Let the name of petitioner be expunged from the cause title of the writ application and the names of her legal heirs and representative be substituted in place of petitioner. From the prayer made in the writ application, it appears that the husband of original petitioner who was in service of the respondents became traceless in 1995. As he could not be traced within the statutory period petitioner prayed for payment of lawful financial entitlements in respect of the said employee treating him as having died in harness. Counter affidavits have been filed in this case and it is stated that some payments have been released in favour of the original petitioner who was widow/wife of the employee. Learned counsel for the petitioner submits that the details of payments are not available to the petitioners. Therefore, the petitioners may be furnished with the details of the calculation so that they may ascertain as to whether any other amount still remains 3 payable in favour of the family members of the original employee, or not. In view of the submissions of learned counsel for the petitioner, this writ application is disposed of with liberty to the substituted petitioner no. 1 to approach and contact the respondent District Superintendent of Education, Patna within one month from today along with a copy of this order. If the petitioner meets the District Superintendent of Education, Patna, he shall be legally obliged to furnish all the details and payments having been released to the widow so far, and shall also furnish details as to whether any further amount becomes due to be paid to the petitioner or not. In case some amounts are admitted to be still due he shall inform as to within what time the same shall be released in favour of the petitioner. It is stated that substituted petitioner nos. 2 and 3 have given authorization for receipt of all benefits by the substituted petitioner no.1 in this regard. The said authorization shall be taken 4 into account by the District Superintendent of Education, Patna for further release of payment. Now that the original petitioner has died the Bank authorities will consider as to under what legal manner her heirs or one of the heirs shall be authorized to operate the account immediately. Arvind/ ( J. N. Singh, J.)