IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2279 of 2009 MOST.SITA DEVI Versus THE STATE OF BIHAR & ORS ----------- 2/ 17.02.2009 Heard learned counsel for the petitioner and the state. The dispute in this writ application is only with regard to certain enhancement in the retirement benefit of the husband of the petitioner who was a member of the Bihar Finance Service and had retired on 31.1.1983 while continuing to be under some sort of disciplinary proceeding. It is not clear as to whether such disciplinary proceeding of the husband of the petitioner was continued even after his retirement but it is clear that the husband of the petitioner till his life time i.e. 9.8.1984 continued to receive 90% of the provisional pension and thereafter the wife of the petitioner is also receiving the family pension. In that view of the matter whatever amount is admissible and payable to the wife of the petitioner in capacity of the wife of the deceased employee, much be decided within a period of six weeks from the date of filing of the representation by the petitioner. If however - 2 - any dues of the government is recoverable from the husband of the petitioner the same must be settled and adjusted prior to making payment to the petitioner with an intimation to the petitioner. With the aforementioned observation and direction, this writ application is disposed of. (Mihir Kumar Jha, J.) chauhan