IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11528 of 2011 Meenu Devi, Wife of late Dr. Bindu Shekhar Singh, resident of Bangaon Road, Saharsa Town, P.S. Saharsa, District Saharsa. ... ... Petitioner. Versus 1. The State Of Bihar, through the Commissioner-cum- Principal Secretary to Government in the Department of Health, Family Welfare and Planning, Bikas Bhawan, Bailey Road, Patna. 2. The Deputy Secretary to Government in the Department of Health and Family Welfare, Bikas Bhawan, Bailey Road, Patna. 3. The Director-in-Chief, Department of Health, Bikas Bhawan, Bailey Road, Patna. 4. Civil Surgeon-cum-Chief Medical Officer, Purnea. 5. The Accountant General, Bihar, Patna, Veerchand Patel Path, Patna. 6. The District Provident Fund Commissioner, Punea, Bihar, Dist. Purnea. ... ... Respondents. ----------- 3. 25.7.2011. Learned counsel for the petitioner is permitted to implead District Provident Fund Officer, Purnea as respondent no.6. Heard Shri Chandrashekhar, learned Senior Counsel appearing on behalf of the petitioner, Shri Ravindra Kumar Choubey, learned S.C.8, who appears on behalf of respondent nos.1 to 4 and Shri Ranjan Kumar, learned counsel appearing on behalf of respondent no.5/Accountant General, Bihar. The present writ petition has been filed by the petitioner, who is widow of Dr.Bindu Shekhar Singh. Dr. Bindu Shekhar 2 Singh, while functioning as Medical Officer-cum-in Charge in the Referral Hospital, Rupauli in the district of Purnea, died on 16.9.2009. Learned counsel for the petitioner submits that despite the fact that husband of the petitioner died in the month of September,2009 in harness, till date, respondents had not taken any steps for either clearing entire death-cum-retiral dues of her husband or for fixing family pension. The petitioner is not getting even family pension. On 18.7.2011, a prayer was made on behalf of the State for adjourning the case for seeking instruction. Prayer for adjournment was refused in view of the fact that it was a case relating to family pension. However, the case was adjourned for almost about a week enabling learned counsel for the State to get instruction and file counter affidavit. However, no counter affidavit has been filed till date. Shri Choubey, lerned Standing Counsel submits that he has already sent two fax messages, but till date, he has not received statement of fact. 3 In view of the facts and circumstances, particularly the fact that husband of the petitioner died in harness, that too, in the month of September,2009 and till date, neither death-cum-retiral dues of her husband has been paid nor she is getting family pension, the court is of the opinion that even in absence of any response to the respondents, the writ petition can be allowed at this stage. It was further submitted that petitioner has filed representation before respondent no.1/Commissioner-cum-Principal Secretary, Department of Health and Family Welfare and also before respondent no.3/Director-in- Chief, Department of Health. However, neither any grievance of the petitioner has been redressed nor respondents had taken any note on her representation. The respondents, particularly respondent no.1/Commissioner-cum-Principal Secretary, Department of Health and respondent no.3/Director-in-Chief, Department of Health are directed to take all steps so that sanction order in respect of family pension must be issued within a 4 period of eight weeks from the date of receipt/production of a copy of this order. The respondents are further directed to take all steps for clearing all the death- cum-retiral dues of her husband within eight week from the date of receipt/production of a copy of this order. Respondent no.5/Accountant General, Bihar is required to issue authorization within four weeks from the date of receipt of sanction order from the State authority. The newly added respondent no.6/District Provident Fund Officer is directed to make payment of Provident Fund amount with admissible statutory interest deposited in the account of husband of the petitioner within six weeks from the date of receipt/production of a copy of this order. With above observation and direction, the writ petition stands allowed. N.H./ ( Rakesh Kumar,J.)