IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8173 of 2005 MOST.DARBI DEVI Versus THE STATE OF BIHAR & ORS ----------- 04/ 10.03.2010 Heard the parties. The petitioner is a widow of Late Bodha Rai who superannuated from the post of Junior Line Man, Electrical Circle, Chapra with effect from 31.12.2000. The writ petition was filed by the widow for payment of arrears of pension for the period January, 2001 to April, 2003, arrears of leave encashment, arrears of gratuity on the basis of the revised scale, arrears of commutation of pension and arrears of salary on the basis of the pay revision with effect from 1.4.1997 together with admissible interest thereon. A counter affidavit was filed on behalf of the respondent nos. 2 to 9 and in which it was stated that the arrears of revised pay was being paid in installments to the petitioner with effect from January, 2005. It was further stated that the arrears of pension for the period 1.5.2001 to April, 2003 amounting to Rs. 21,507/- has been paid to the petitioner vide cheque dated 19.9.2005. In so far as the arrears of pension for the period 1.1.2000 to 30.4.2001 is concerned, it is stated that the same is being paid in installments. In so far as the gratuity amount is concerned, the same has been paid to the petitioner vide cheque dated 8.2.2008 and the leave encashment has been 2 paid vide cheque dated 8.11.2006. However, there is no statement as regarding the refund of the commutation of pension amount of Rs. 38,586/-, thus at the stage of filing of the counter affidavit the payments in relation to the arrears of revised salary which was being paid in installments and arrears of commutation of pension to the tune of Rs. 38,586/- stood uncleared. Today when the matter is taken up, Mr. Vijay Kumar Verma, learned junior counsel to Mr. Vinay Kirti Singh appearing for the Electricity Board is not in a position to inform the Court as regarding the said claims. In that view of the matter, this writ petition is disposed of with a direction to the respondent no. 8, the Executive Engineer, Electrical Circle, Chapra to ensure the payment of the balance dues of the petitioner relating to the arrears of salary and commutation of pension if not paid and found admissible within a period of three months from the date of receipt/production of a copy of this order. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)