IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12944 of 2005 MOSTT.KRISHNA DEVI, widow of Late Lagandeo Singh, resident of Village-Naharaj Nagar Maner, P.O. and P.S. Maner, District-Patna ------------------Petitioner Versus 1. THE STATE OF BIHAR , through Secretary-cum- Commissioner, Higher Education, Human Resources Development Department, Govt. of Bihar,Patna 2. Magadh University, Bodh Gaya, through its Registrar 3. Vice Chancellor, Magadh University, Bodh Gaya, District-Gaya 4. The Finance Officer, Magadh University, Bodh Gaya, District-Gaya 5. The Principal, T.P.S. College, Chiraiyatanr,Patna, District-Patna ---------------------- Respondents. ----------- 11 03-02-2011 Heard Sri Nand Kishore Singh, learned counsel for the petitioner, Smt. Mohini , learned A.C. to Standing Counsel no.9 as well as Sri Hansraj, learned counsel appearing on behalf of Magadh University (i.e. Respondent nos.2 to 5). The petitioner’s husband died on 25.4.2003 while he was posted as Record & Book Keeper in T.P.S. College, Patna. Despite the fact that the husband of the petitioner died in harness long back in the year 2003, till date nothing has been paid to the petitioner save and except some amount of arrears of salary of her husband. Learned counsel for the petitioner has drawn attention to this Court to Annexures 2, 3 and 4 to the petition, whereby steps were taken to sanction family pension to the petitioner. Those steps were taken sometime in the year 2005. Thereafter, the petitioner filed representation before the Registrar, Magadh University (i.e. Respondent no.2). However, it was submitted that till date no step has been taken by the authority concerned redressing the grievances 2 of the petitioner. The Court is of the view that it is a hard case and it cannot be kept pending awaiting reply from Magadh University for a long period. The writ petition was filed on 7.10.2005.However, till date the University has not bothered to file any counter affidavit. In view of the fact that the husband of the petitioner died in the year 2003 in harness, it is a fit case for allowing the writ petition with cost. The Registrar, Magadh University (i.e. Respondent no.2) is directed to take immediate steps for clearing all the dues as well as for fixing family pension and making payment of arrears to the petitioner within a period of two months from the date of receipt/production of a copy of this order. The petitioner shall also be entitled to get interest @ 9 % per annum on all the dues except the amount of interest on the G.P.F. which is to be paid at the statutory rate of interest. The Respondent No.2 will be at liberty to fix the responsibility on the Officer/employee responsible for the delay in settling the grievances of the petitioner and also to take steps for recovery of interest amount, which will be paid to the petitioner, from the pocket of such responsible officer/employee. The writ petition stands allowed with cost of Rs.2000/- on the University. NKS/- ( Rakesh Kumar, J.)