IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17641 of 2011 Usha Devi, W/o Late Braj Kishore Singh, daughter-in-law of Late Moti Kuer and Lati Ram Bilas Singh, resident of Village Mahri, P.O. Kathautiya, P.S. Goh, District Aurangabad. ... ... Petitioner. Versus 1. The State Of Bihar 2. Circle Officer, Aurangabad. 3. B.D.O. (Block Development Officer), Goh, Aurangabad. 4. Additional Collector, Arah. 5. Accountant General, Bihar. ... ... Respondents. ---------------------------------- 2. 17.10.2011. Heard Mrs. Archana Meenakshee, learned counsel for the petitioner, Smt. Anju Jha, learned A.C. to A.A.G.6, who appears on behalf of respondent nos.1 to 4 and learned counsel appearing on behalf of respondent no.5/Accountant General. The present writ petition has been filed by daughter-in-law of an employee, who died as Storekeeper, Revenue Circle, Arrah (Irrigation) long back on 20.4.1985 with a prayer to direct the respondents to pay remaining death-cum-retiral dues of her father-in-law. Learned counsel for the petitioner submits that after the death of father-in- law of the petitioner, her mother-in-law have received certain amount under the head of death-cum-retiral dues and she also died 2 on 4.7.1999. Immediately thereafter, the husband of the petitioner also died on 8.7.1999. learned counsel for the petitioner further submits that after the death of father-in-law of the petitioner, case of petitioner’s husband, being son of deceased employee, was considered for compassionate appointment, but no decision was taken by the authority concerned. Learned counsel for the petitioner further submits that regarding all death-cum-retiral dues, petitioner is now only legal heir to get the same. In this case, a supplementary affidavit has been filed on behalf of the petitioner mainly with a view to clarify the position regarding age of the petitioner as indicated on the affidavit portion of the writ petition as 60 years. By filing supplementary affidavit, it has been clarified that petitioner is about 42 years. Learned counsel for the State submits that the supplementary affidavit may not be taken into account since the affidavit has been sworn by an advocate clerk, who is not authorized as per the High 3 Court Rules to swear affidavit in the writ petition. Be that as it may, fact remains that father-in-law of the petitioner died long back in the month of April,1985 and, thereafter, death-cum-retiral dues was paid to the wife of the deceased employee, who subsequently died in the year 1999 and present writ petition has been filed in the year 2011 without any plausible reason for such a long delay. In view of the fact in such stale matter, the court is of the opinion that writ jurisdiction cannot be invoked. Accordingly, the writ petition stands dismissed. N.H./ ( Rakesh Kumar,J.)