IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2904 of 2009 1. AMBIKA PANDEY, wife of late Shambhu Nath Pandey 2. Skand Kumar Pandey 3. Vinay Kumar Pandey Both sons of late Shambhu Nath Pandey 4. Ranjana Mishra 5. Usha Pandey 6. Ratna Pandey All daughters of late Shambhu Nath Pandey All resident of village- Pandeypur, P. O.- Upadhya Pandeypur, Police Station Buxar, District- Buxar. …Petitioners/Petitioners. . Versus 1. THE STATE OF BIHAR 2. The Union of India through Home Department, Home Affairs, Lok Nayak Bhawan, Khan Market, New Delhi. 3. Under Secretary to the Government of India, Ministry of Home Affairs, Lok Nayak Bhawan, Khan Market, New Delhi. 4. The Chief Controller of Accounts, Pay and Accounts Officer (Pension and Miscellaneous), Ministry of Home Affairs, 10/2 Jamnagar House, New Delhi, 110011. 5. Collector, Buxar, District- Buxar. 6. Additional Collector, Buxar, District- Buxar. … Respondents/opposite parties. ----------- 2. 21.04.2010 Heard Mr. Shashi Shekhar Dwivedi, learned senior counsel for the petitioners and Assistant Counsel to S. C. X for the State. Mr. Dwivedi, points out that in the last but one paragraph of the order of this Court dated 21.4.2009 exactly a year ago, this court while disposing of CWJC No. 14970 of 2005 had made the following observations:- “ It has to be now also kept into account that there will be no issue for payment of further amount of pension as the original writ petitioner has already died and his widow is also not surviving. That being so, it will only the 2 question of payment of arrears of pension. Thus, in the event the Government of India will find that the pension granted to the original writ petitioner was in order and required no interference, his heirs already substituted would be paid the aforementioned amount within a period of one month from passing of the final order.” Mr. Dwivedi, would also point out that there has been an error in recording that the widow of Shambhu Nath Pandey, original writ petitioner was not surviving. In this context, he has drawn attention to the fact mentioned in I. A. No. 5233 of 2007 which was filed in CWJC No. 14970 of 2005 for substituting the legal heir and representative of late Shambhu Nath Pandey, original writ petitioner. From perusal of the said interlocutory application, I. A. No. 5233 of 2007 and vakalatnama filed along with the same, it would appear that Ambika Pandey, wife of Late Shambhu Nath Pandey was also substituted as one of the heirs and legal representatives of late Shambhu Nath Pandey. That being so, the last but one paragraph of the order dated 21.4.2009 is directed to be deleted as a whole and its place following paragraph would be substituted; “The heirs and legal representatives of 3 late Shambhu Nath Pandey if found to be entitled for any relief as a reconsideration by the Government of India would be entitled for monetary benefit in accordance with freedom fighters policy within a period of one month from the date of passing of such order.” With the aforementioned modification in the earlier order, this application is disposed of. Kanchan (Mihir Kumar Jha, J.)