IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3444 of 2005 GULAB DEVI w/o MAHESH JHA R/O VILLAGE- MADHUKAR CHAK PS- BEHARIGANJ, DISTT- MADHEPURA----- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATIONPATNA 3. THE DIRECTOR, PROVIDENT FUND,DIRECTORIATE,BIHAR 4. THE DISTRICT MAGISTRATE, PURNEA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA 6. THE DISTRICT PROVIDENT FUND OFFICER,PURNEA------------- ---------------------RESPONDENTS ----------- 3 4.2.2009 Heard learned counsel for the parties. Petitioner is the wife of one Mahesh Jha who was posted as a Headmaster at primary School Bharna Barahara Kothi in the district of Purnea. He was supposed to be a permanent employee who became traceless from 28.4.1984. He was not being heard of after lodging of information to the police. Efforts by the petitioner to trace her husband or get input has not succeeded in all these years. Even the report furnished by the Officer Incharge of Barhara Police Station to the Superintendent of Police, Purnea dated 28.5.97 also confirms this position. Submission of learned counsel representing the petitioner is that the petitioner’s husband had entered the service in the year, 1966. This is borne out from annexure-2 which is the part of service book of Mahesh Jha. The widow now based on a decision taken by the State of Bihar and the general direction which has been issued in such cases as per Letter No. S.P.107- 12/88/1083 dated 24.2.1990 submits that keeping in mind the presumption of law lays down under section 108 of the Evidence Act envisages grant of family pension and other dues to the family - 2 - members of the State employees. In the counter affidavit filed on behalf of the respondent State this factum has not been denied. One of the stands taken is that no FIR was lodged by the petitioner in the case and only aspect is that the respondent authorities have been taken by surprise because the matter relates to the year 1984. The stand and objection raised by the respondents has no relevance to the claim made by the petitioner because there is evidence to support the fact that the petitioner’s husband had gone missing in the year, 1984 and had not been heard thereafter. The fact even certified way back 28.5.97 as is evident from annexure-1 to the writ application. Keeping the decision of the Government in such matters the District Superintendent of Education, Purnea is directed to take immediate step to put the service book of the petitioner’s husband in place and take step for authorization of family pension or other retiral dues to which the petitioner is entitled to. Since the matter relates to the year, 1984 and the petitioner has suffered much due to indecisiveness at the level of the State authority the decision must be taken within a period of three months from the date of communication or production of a copy of this order. This writ application is allowed. RPS (Ajay Kumar Tripathi,J.)