IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9941 of 2007 SAROJNI BALA MASIH, wife of late Johan Kumar, resident of Sipahitola Purnea, P. O. Purnea, P. S. K. Hat, District- Purnia, at present working on class IV Post in the Treasury Office, Purnea. …. Petitioner. Versus 1. THE STATE OF BIHAR, through the Chief Secretary State of Bihar at Patna. 2. The Commissioner, Purnea Division, Purnia. 3. The Joint Commissioner, Purnea. 4. The Accountant General ( A & E) Bihar Patna. … Respondents. ----------- 5. 04.05.2010 Heard counsel for the petitioner, counsel for the State as also counsel for Accountant General. The prayer of the petitioner made in this writ petition reads as follows:- “(1). That, this is an application for issuance of appropriate writ/writs, order/orders directions, commanding upon the respondents concerned to pay the Dearness Allowance upon the family pension also to this petitioner as it is being given to the Central Government Employees after 5th Pay Commission and because the state Government has also implemented the 5th Pay Commission report to its employees. After 5th pay Commission the employed family pensioners are getting D. A. on family pension as well as on salary on their employment, from the Central Government.” As usual and not unexpected that writ petition filed in the month of August 2007 still awaits for filing of the counter affidavit by the respondents. In this case 2 question of entitlement is actually involved. It is the case of the petitioner that though she was appointed on compassionate ground but her payment of family pension on account of her husband dying in harness is being made in an incomplete manner without giving dearness allowance on such amount of family pension. Counsel for the State would submit that there has been a circular to this effect which denies payment of dearness allowance to the persons who have been appointed on the compassionate ground. Whatever the stand of the respondents as they have not filed counter affidavit, it would be difficult for this Court to decide the issue in the first hand. That being so, this Court would give liberty to the petitioned to file a self-contained representation highlighting her grievance of non-payment of dearness allowance on the amount of family pension. It goes without saying that if such representation is filed, the competent authority would decide the same within a period of three months from the date of receipt/production of a copy of this order and if any amount is also found payable on the aforementioned 3 head of dearness allowance on the family pension, the same will also be extended to the petitioner in next two months. With the aforementioned observations and directions, this writ petition is disposed of. Kanchan (Mihir Kumar Jha, J.)