IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2666 of 2006 SMT.MANI DEVI Versus THE STATE OF BIHAR & ORS ----------- 5 17.05.2010 Mr. P.N. Shahi, learned counsel for the petitioner and learned counsel for the State are present. A counter affidavit was filed earlier and a supplementary counter affidavit has been filed subsequently on behalf of the State making statements as regarding the pending claims of the petitioner. Mr. Shahi, learned counsel for the petitioner submits that a perusal of the statement made in the supplementary counter affidavit it transpires that there is some confusion as regarding the payment of D.A. for the period 3.10.1990 until June 1992. With reference to the statement made in paragraph 7 of the supplementary counter affidavit filed today, he submits that the statement made therein shows that a calculation of dearness allowance for the period June, 1992 onwards have been made by the respondents but there is no categorical statement for the period prior thereto since after 3.10.1990 when the husband 2 of the petitioner expired. He also submits that the gratuity amount also requires reconsideration by the authorities. He thus submits that the writ petition can be disposed of with a liberty to the petitioner to raise his pending grievance before the authority concerned and who may be appropriately directed to consider and dispose of the same within a stipulated period. Taking into consideration, the affidavits filed in the proceedings and the submissions of the learned counsel for the petitioner, the writ petition is disposed of with a liberty to the petitioner to raise her grievance as regarding the dearness allowance before the respondent No. 6, the Treasury Officer, Samastipur and in relation to the gratuity amount before the respondent No.4, the District Education Officer, Samastipur and who shall consider and dispose of the same in accordance with law within a period of three months from the date of receipt of such representation. Needless to add that if the petitioner is found entitled to any further sum towards dearness allowance and/or gratuity, the same should be paid within the period 3 stipulated above. However, if the claim(s) are not found admissible, the same be disposed of by a reasoned order to be passed within the same period. Bibhash ( Jyoti Saran, J.)