IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13476 of 2009 MOST. TARA DEVI W/O LATE BRAJ NANDAN PRASAD VILL.- FATEHPUR, P.S.- PARVALPUR DISTT.- NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, BIHAR, PATNA 2. THE COMMISSIONER-CUM-SECRETARY DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF BIHAR, PATNA 4. THE DEPUTY SECRETARY DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF BIHAR, PATNA 5. THE ACCOUNTANT GENERAL, BIHAR BIRCHAND PATEL MARG, PATNA 6. THE DIRECTOR PROVIDENT FUND, GOVERNMENT OF BIHAR, PANT BHAWAN, BAILEY ROAD, PATNA 7. THE DISTRICT PROVIDENT FUND OFFICER NAWADAH 8. THE EXECUTIVE ENGINEER IRRIGATION DIVISION, DURKHA CAMP PAKRI BARAWA, DISTT. - NAWADAH 9. THE COLLECTOR NAWADAH 10. THE TREASURY OFFICER NAWADAH 11. MALTI DEVI D/O LATE BRIJNANDAN PRASAD AND WIFE OF SRI RAJESH KUMAR SIHNA VILL.- MATH PER, P.S.- EKANGAR SARAI, DISTT- NALANDA, AT PRESENT RESIDING IN QR. NO. 1407, STREET NO. 46, SECTOR 8D P.S. HARLA, BOKARO STEEL CITY, BOKARO ----------- 5 08.02.2010 Heard learned counsels for the petitioner, State and the Accountant General. The grievance of the petitioner is against the decision communicated to her as per the memo no. 2124 dated 3rd August, 2009 whereby the amount paid to her as death-cum-retiral dues is being sought to be recovered. Learned counsel for the petitioner submits that the petitioner is a nominee to receive the family pension and even though she may not be entitled to receive any retiral dues being the second wife, but none the less her children are entitled to have a share in the retiral dues and this aspect of the matter has not been considered by the authorities while 2 passing the aforesaid order as contained in Annexure-7. As such, for redressal of the grievances with regard to entitlement of the retiral dues in favour of her children the petitioner proposes to represent the matter before the respondent no.4. In this view of the matter, in case such representation stating distinctly the details of the claim is filed by the petitioner within a period of four weeks from today with all the relevant facts as also copy of the relevant documents in support of the claim along with the certified copy of the present order, the respondent no.4 shall consider the grievances of the petitioner with regard to her claim for entitlement of terminal dues in favour of her children and also the claim of family pension for the children and dispose of the same in accordance with law expeditiously preferably within a period of four months on receipt of such representation so that the grievances of the petitioner could be settled without further delay. Till disposal of the representation, let no coercive step be taken for recovery of the amount sought to be recovered pursuant to the order contained in memo no. 2124 dated 03.08.2009 (Annexure-7). The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha, J.)