IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4175 of 2010 1. SUMITRA DEVI W/O LATE BINDESHWAR PRASAD SINHA R/O VILL.- THAHER, P.S. RUNISAIDPUR, DISTT.- SITAMARHI, AT PRESENT R/O RESIDENCE NO. L1/24, SHRIKRISHNAPURI, P.S. SHRIKRISHNAPURI, PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPTT. OF PERSONNEL & ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, PLANNING & DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 4. THE PRINCIPAL SECRETARY, DEPTT. OF LABOUR, EMPLOYMENT & TRAINING, GOVT. OF BIHAR, PATNA 5. THE ACCOUNTANT GENERAL, BIHAR, BIRCHAND PATEL PATH, PATNA ----------- 2/ 24/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. No one appears for the Accountant General, Bihar despite having entered appearance. Learned counsel for the State submits that he has filed a counter affidavit yesterday. It is not available on record. The office is directed to trace out the same and place it on record. The Court therefore requested the learned counsel for the State to make available his copy for perusal so as not to hold up the proceedings on that ground. Let a Xerox of the counter affidavit presented in Court be kept on record. The husband of the petitioner while in - 2 - service on account of departmental proceedings could not be considered for promotion to the post of Under Secretary. He superannuated in that status on 28.2.1997. Posthumously, after exoneration, orders have been issued on 27.10.2008 promoting him to the post of Under Secretary from the date that his juniors have been promoted fixing him in the pay-scale of Rs.3000-4500 (unrevised). It is submitted that actual monetary benefits of the promotion by payment of arrears has not been made. The consequential action required by enhancement of the pension and family pension pursuant to the order dated 27.10.2008 with retrospective effect has also not been done. Learned counsel for the State submits from the counter affidavit that necessary papers have been forwarded to the office of the Accountant General. Let the legitimate arrears of the deceased on all counts including the arrears of the family pension of the petitioner be paid to her within a maximum period of three months from the date of receipt/production of a copy of this order before the State and the Accountant General. Any differences/clarifications between the State of Bihar and the Accountant General are their responsibility and not of the petitioner widow. If the - 3 - arrears are not paid within the time fixed, the responsibility in the event of any claim of interest shall lie jointly with the officers of the State of Bihar and the Accountant General. The application stands disposed. KC ( Navin Sinha, J.)