IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10812 of 2006 Meena Devi, wife of Late Amar Lal Sah, resident of Mohalla- S.R.Bhawan ( in front of Ganji Mill), Tilka Manjhi, P.S. Barari, District-Bhagalpur -------------------- Petitioner Versus 1. The State Of Bihar, through the Commissioner-cum- Secretary, Road Construction Department, Govt. of Bihar, Patna 2. The Commissioner-cum-Secretary, Road Construction Department, Govt. of Bihar, Patna 3. The Engineer-in-Chief-cum- Addl. Secretary-cum- Special Secretary, Road Construction Department, Govt. of Bihar, Patna 4. The Chief Engineer, Road Construction Department, Govt. of Bihar, Patna 5. The Managing Director, Bihar State Agricultural Marketing Board, Pant Bhawan, Bailey Road, Patna 6. The Chief Engineer, Bihar State Agricultural Marketing Board, Pant Bhawan, Bailey Road, Patna 7. The Accountant General, Bihar, Birchand Patel Path, Patna --------------------- Respondents. ----------- 02 06-04-2011 Heard Sri Shiv Kumar Jha, learned counsel for the petitioner, Sri Pawan Kumar, learned A.C. to Govt. Advocate No.5 appearing on behalf of Respondent nos. 1 to 4 and learned counsel appearing on behalf of Respondent no.7/ Accountant General, Bihar. The petitioner’s husband died on 7.11.1995 in a road accident, while he was on deputation in Bihar State Agricultural Marketing Board. The petitioner’s husband was an Assistant Engineer in the Road Construction Department, Govt. of Bihar and he was on deputation in Bihar State Agricultural Marketing Board at the time of death. The present writ application has been filed for direction to the Respondents to pay : (i) G.P.F. amount along with statutory interest. 2 (ii) D.C.R. Gratuity (iii) Interest upon G.S.S. amount of Rs.96, 000/- from 8.11.1995 to July 1996 (iv) Leave Encashment (v) Arrear of pay difference from 1.6.1986 to 6.11.1995 (vi) Arrear of revised enhanced family pension from 8.11.1995 to 7.11.2002 (vii) Arrear of revised normal family pension from 8.11.2002 to till the date of payment. In this case till date, no counter affidavit has been filed on behalf of the Respondent State. Counter affidavit filed on behalf of Respondent no.7/ Accountant General, Bihar makes it clear that on receipt of sanction accorded by the Road Construction Department, Govt. of Bihar, Respondent no.7 has authorized family pension in favour of the petitioner vide Annexure-A to the counter affidavit of Respondent no.7. It has further been stated that despite several reminders sent to the Dy.Secretary, Road Construction Department, Govt. of Bihar, Patna to examine the grievance of the petitioner and forward the service book and service history , so that D.C.R.G. of the deceased may be authorized ,it appears that the same has not been complied with. Learned counsel for the petitioner submits that the petitioner has also filed a detailed representation before Respondent no.2/ Commissioner-cum-Secretary, Road Construction Department, Govt. of Bihar, Patna. However, neither any decision has been taken on the representation nor any affidavit 3 has been filed in this case on behalf of the State. The Court is of the opinion that for the purposes of enabling the learned counsel for the State for filing counter affidavit, this matter may not further been delayed. The present writ petition was filed on 1.9.2006 after serving copy of the same on learned counsel for the State, but no counter affidavit has been filed till date. Accordingly, the Court is of the opinion that the writ petition can be disposed of granting liberty to the petitioner to file a fresh detailed representation before Respondent no.2 i.e. Commissioner-cum-Secretary, Road Construction Department, Govt. of Bihar, Patna within a period of six weeks from today. If such representation is filed by the petitioner, Respondent no.2 is required to examine the same and pass appropriate order in accordance with law redressing the grievances of the petitioner within a period of three months from the date of filing of such representation. Respondent no.2 is required to pass necessary orders for clearing all admitted dues within a period of three months from the date of filing of such representation. It is made clear that the petitioner shall be entitled to get admissible statutory interest on delayed payment. With the above observation and direction, the petition stands disposed of. NKS/- ( Rakesh Kumar,J.)