IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11136 of 2005 RENUKA NARAIN wife of late Dr. Mahendra Narain, Rarain House, Arya Kumar Road, Rajendra Nagar, Patna. Versus 1. THE STATE OF BIHAR 2. Department of Health through its Secretary, Patna Secretariat, Patna 3. Secretary, Department of Health and Medical Education and Family Welfare, Secretriat, Patna. 4. Nalanda Medical College Hospital through its Principal Agan Kuan, Patna. 5. Principal, Nalanda Medical College Hospital, Agamkuan, Patna. ----------- 2 06.04.2010 Mr. Amit Prakash, learned counsel for the petitioner and Mr. Birendra Kumar, learned A.C. to G.P. 14 for the State are present. The petitioner is the widow of late Dr. Mahendra Narain who superannuated from the post of Associate Professor with effect from 30.11.1995. The husband of the petitioner was initially appointed as Assistant Professor in the Nalanda Medical College Hospital on 24.6.1975 while the college was under the private management. The said college was subsequently taken over by the State Government under the provisions of the Bihar Private Medical Colleges (Taking Over) Act, 1978 with effect from 1.1.1980. As a consequence of the take over, the services of the husband of the 2 petitioner was also taken over with effect from 1.1.1980 and he was also promoted to the post of Associate Professor with effect from 31.3.1990. The husband of the petitioner superannuated while holding the said post with effect from 30.11.1995. No retiral benefits were paid to the husband of the petitioner who expired on 30.4.2005. The present writ petition has been filed for payment of the death cum post retiral benefits as found admissible to the petitioner together with family pension and the arrears. A short counter affidavit has been filed on behalf of the respondents today and in which it is stated that the husband of the petitioner had absented himself from 4.12.1990 up to 30.11.1995 being the date of his superannuation, but no decision yet has been taken by the State Government on this period of unauthorized absence. It is next stated that it was in this back ground that the payments in question have not yet been made. Admitted position is that the services of the husband of the petitioner were never terminated by the respondent authorities and who was allowed to superannuate in normal 3 course with effect from 30.11.1995. It is manifest from the counter affidavit that no decision has yet been taken by the respondents as regarding the period of alleged unauthorized absence between 4.12.1990 to 30.11.1995. Whether or not any decision can be taken, now, when the employee is no more alive, this Court does not express any opinion on the issue. However, as there is no dispute that late Dr. Mahendra Narain absented himself for the period with effect from 4.12.1990 to 30.11.1995 and which fact is admitted by the petitioner in paragraph 10 of the writ petition, no salary would be admissible for the said period but the period aforesaid nonetheless would be counted a service period for the purpose of calculation of pension and other pensionary entitlements. The petitioner, who is the widow of late Dr. Mahendra Narain would undoubtedly be entitled for payment of the admissible amount of post retiral benefits on the basis of the entire service period of her late husband. This writ petition is thus disposed of with a direction to the respondent No.3, the Secretary, Department of Health and Medical 4 Education to pass appropriate orders sanctioning the pension, family pension and other death cum retiral benefits as found admissible to the present petitioner on the basis of service rendered by her husband upto the date of his superannuation on 30.11.1995 together with admissible interest in accordance with law and after obtaining authorisation from the Accountant General, make payment of the same expeditiously without causing unwarranted delay. As it is an old matter, the office of the Accountant General would be under an obligation to grant authorization without causing any delay and preferably within a period of four weeks from receipt of the orders sanctioning pension and gratuity. It is expected that the entire exercise be completed within a period of three months from the date of receipt/production of a copy of this order. Bibhash (Jyoti Saran, J. )