IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6576 of 2009 MOSOMAT JALDA DEVI WIFE OF LATE RAMBILASH YADAV, RESIDENT OF VILLAGE MUSKIPUR, P.S. MUSKIPUR, P.S. TARAPUR, DISTRICT MUNGER. Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUMSECRETARY HIGH EDUCATION, NEW SECRETARIAT, PATNA 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA 3. THE REGIONAL DIRECTION OF EDUCATION, MUNGER (BIHAR) 4. THE DISTRICT EDUCATION OFFICER, MUNGER (BIHAR) 5. THE HEAD MASTER, R.B.HIGH SCHOOL, JAMALPUR, MUNGER 6. THE DISTRICT PROVIDENT FUND OFFICER, MUNGER 7. THE DIRECTOR, PROVIDENT FUND, BIHAR, PATNA 8. THE ACCOUNTANT GENERAL (A&E)-II, BIHAR, PATNA ----------- 3 10.02.2010 Heard learned counsels for the petitioner and the State. The grievance of the petitioner is that upon the death of her husband in harness on 05.11.2002 still she has not been paid the full death-cum-retiral dues including the family pension. Learned counsel for the petitioner submits that on perusal of the letter dated 22.03.2007 (Annexure-9) written by the State Bank of India, Asarganj to the Treasury Officer, Munger with a copy to the petitioner it appears that the total amount payable to the petitioner on account of arrears of pension and gratuity comes to Rs. 7,60,901/- (Rupees Seven lacs sixty thousand nine hundred & one) whereas the amount liable to be recovered come to Rs. 9,03,588/- (rupees nine lacs three thousand and eighty-eight). It is further submitted that the amount indicated in the aforesaid letter is vague as the petitioner was never informed with regard to the amount said to be recoverable as indicated in the aforesaid letter. Learned counsel appearing for the State submits that on perusal of paragraph 5 of the counter affidavit filed on behalf of the respondent no.4 it appears that the excess amount of Rs. 5,79,435/- was withdrawn by the husband of the petitioner and provisional pension amounting to Rs. 3,24,153 was also withdrawn and thus a total amount of Rs. 9,03,588/- was recoverable whereas the amount of arrears of pension and gratuity payable to the petitioner till February, 2007 comes to Rs. 7,60,901/- in addition to the amount of leave encashment to the tune of Rs. 67,777/- and as such still a sum of Rs. 74,910/- is recoverably from the pensionary benefits of the husband of the petitioner. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the pending claims, petitioner proposes to file a representation before the Regional Director of Education, Munger, respondent no.3. In such view of the matter, in case such representation stating distinctly details of all the unpaid claims is filed by the petitioner within a period of six weeks along with the certified copy of the present order as also the copy of the relevant documents in support of the claim, the above respondent shall consider each of the claims raised by the petitioner in his representation 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 delay and admitted dues along with statutory interest could also be paid to the petitioner. However, if any of the claims or part of the claim is found not admissible the same shall be communicated to the petitioner with sufficient reasons thereof. The writ application stands disposed of with the above observations/directions. Manish/- (Shailesh Kumar Sinha,J.)