IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4945 of 2008 Sunaina Devi , wife of Late Abhay Kumar, resident of Village & P.O. Bela, P.S. Dariapur, District-Saran ------ Petitioner Versus 1. The Union Of India through the Secretary, Department of Post and Telegraph, Govt. of India, New Delhi 2. The Chief General Manager, Telecom Department of Tele Communication, Bihar Circle, Patna 3. The Sub Divisional Engineer, Department of Tele Communication, D.T.T.C., Chapra ----- Respondents. ---------------------------------- 03 14-09-2011 Heard learned counsel for the petitioner and Sri Dharmeshwar Mishra, learned counsel appearing on behalf of all the Respondents/Union of India. The present writ petition was filed in the year 2008 with a prayer to direct the Respondents to pay death-cum- retiral benefits of her husband, who died in harness on 16.4.1999, while functioning as line man in the Telephone Exchange, Parsa under the control of Respondent no.4/ Sub Divisional Engineer, Department of Tele Communication, Chapra. In this case, a counter affidavit has been filed on behalf of Respondent nos.2 and 3 and it has been stated in the counter affidavit that the amount under the head of leave encashment to the tune of Rs. 11.090/- was paid on 21.11.2008, death-cum- retiral gratuity amounting to Rs. 51,324/- was sanctioned and payment has been made in the year 2008. The provisional pension was also sanctioned and arrear of provisional family pension to the tune of Rs.3, 78,235/- was paid vide D.D. No.150688 dated 16.10.2009. The petitioner is also being paid provisional family pension. It has 2 been asserted that final settlement of the petitioner’s claim is pending before the Accounts Officer in the joint controller of Communication Accounts, which is likely to be decided very shortly. In view of the stand taken by the Respondents in its counter affidavit that final settlement is going to be done within short time, the Court is of the opinion that the writ petition can be disposed of directing the Respondents to take final decision in the light of the statement made in paragraph 5 (vi) of the counter affidavit filed on behalf of Respondent nos.2 and 3 on 30.08.2011 within a period of four months from the date of receipt/production of a copy of this order. With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J.)