IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.151 of 2007 1. SHYAM LATA UPADHYAY, widow of late Shyam Bihari Upadhyay 2. Ashok Kumar Upadhyay son of Late Shyam Bihari Upadhyay Both residents of village Panday Patti P.s.Panday Patti (Buxar) District-Buxar Appellants Versus 1. THE STATE OF BIHAR, 2. The Secretary, co-operative Societies, Bihar, Patna 3. The Registrar, Co-operative Societies, Bihar, Patna 4. The District Registrar, Co-operative Societies, Bhojpur, Arrah 5. The Assistant Registrar, Co-operative Societies, Buxar 6. Director, Provident Fund, Patna 7. District Provident Fund, Buxar, Patna Respondents 8. Amrit Raj Upadhyay 9. Viveka Nand Upadhyay Both sons of late Shyam Bihari Upadhyay and resident of village Pandey Patti, P.S. Pandy Patti (Buxar) District Buxar .. Respondents ----------- 8 03.05.2011 The present appeal has been filed against the order dated 11.01.2007 passed by learned Single Judge in C.W.J.C. No. 12885 of 2000 refusing to grant any relief with regard to non-payment of dues to the late husband of the petitioner. It has been stated by learned counsel for the appellants that during pendency of the proceeding before this Court, the employee died and his widow and son has come on record as legal representative and raised grievance before the learned Single Judge that the 2 following dues of the deceased employee have not been paid:- i. The GPF amount. ii. Rs.1000/- of gratuity amount. iii. D.A. amount which is raised twice a year. iv. Difference of amount of provisional pension with upto-date D.A. and permanent pension. v. Permanent pension (family pension) not fixed and vi. Interest – on gratuity from 31.10.94 to 27.03.2000; and eight months earned leave salary from 31.10.94 to 10.07.2000; Super time scale amount from 31.10.1994 to 08.03.2001. However, it has been contended before the learned Single Judge that certain amounts were paid from the office of respondent no.4, but some amount is still remain unpaid. The learned Single Judge having heard the parties did not agree with the contention of the appellant herein and has chosen to dismiss the writ petition on the ground of delay, laches, negligence and acquiescence. 3 We are of the opinion that the observation made by the learned Single Judge dismissing the writ petition on the ground of delay, laches, negligence and acquiescence cannot be sustained in the eye of law for the reason that the matter is pending before this Court since 2000 onwards and as the petitioner die in the year 2003, the wife and son of the petitioner was brought on record as his legal heirs. The learned Single Judge has recorded that the dues amounts have already been paid. We are of the opinion that the appellant herein have no ill motive with regard to non-payment of any other dues which is remain unpaid. However, liberty is granted to the appellant herein to make an appropriate representation to respondent no.4 and if it is filed the same shall be considered and disposed of by respondent no.4 as expeditiously as possible in accordance with law. With the above observation, this appeal is disposed of. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)