IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4253 of 2010 HANSI DEVI W/O LATE SONFI PRASAD R/O VILL.- BHAGWATPUR, P.O. DHARAMPUR, VIA-BELSAR, P.S. BELSAR, DISTT.- VAISHALI AT HAJIPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF HEALTH SERVICE, BIHAR, PATNA 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER VAISHALI AT HAJIPUR, DISTT. - VAISHALI AT HAJIPUR 5. THE SUPERINTENDENT SADAR HOSPITAL, VAISHALI, DISTT.- VAISHALI AT HAJIPUR 6. THE PROVIDENT FUND OFFICER VAISHALI AT HAJIPUR, DISTT. - VAISHALI AT HAJIPUR 7. THE ACCOUNTANT GENERAL, BIHAR, PATNA ----------- 3 08.04.2010 Heard learned counsels for the petitioner, the State and the Accountant General. The grievance of the petitioner is that her husband died in harness on 07.07.1987 while working as a Dresser in the office of the respondent no.4 and although the son of the petitioner has been granted compassionate appointment, however the retiral dues have not been settled as yet. It is submitted that without any valid justification the petitioner was directed to produce the succession certificate as per the letter contained in Annexure-5 issued by the respondent no.5 even though there is no dispute amongst the legal representatives. It is further submitted that heirship certificate has been issued by the concerned Circle Officer as contained in Annexure-2 wherein the name of the legal representatives have been mentioned. Learned counsel for the State submits that in case of dispute amongst the persons claiming themselves to be the legal representatives for receiving the retiral dues, action of the respondent no.5 in asking the succession certificate was justified, however, in case the legal representatives of the deceased employee files a joint representation before the respondent no.4 the same shall be considered as per law. Learned counsel for the petitioner submits that there is no dispute amongst the legal representatives and as such the petitioner proposes to file a joint representation of all the legal representatives for settling the admissible retiral dues after completing the necessary requirements under the Bihar Pension Rules before the respondent no.4. In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of six weeks from today along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim after completing the necessary requirement under the Bihar Pension Rules, the grievances of the petitioner raised in the representation shall be considered in accordance with law expeditiously preferably within a period of four months on receipt of such representation so that the grievances of the petitioner for receiving the retiral dues could be settled without delay and upon consideration the admitted dues found payable could also be paid along with interest permissible under the rules as per the request made in the representation. However, if any of the claims or part of the claim is found not admissible the same shall be informed to the petitioner with reasons thereof. The writ application stands disposed of with the above observations/directions. Manish/- (Shailesh Kumar Sinha,J.)