IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3968 of 2009 NIRMALA DEVI WIFE OF LATE DIL MOHAN YADAV, RESIDENT OF MOHALLA-SAHEBGANJ (CHOWKI), P.S. NATHNAGAR, DISTT. – BHAGALPUR. ----------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, MINOR IRRIGATION DEPARTMENT, VIKASH BHAWAN, PATNA. 3. THE CHIEF ENGINEER (M), TUBE-WELL DIVISION, PATNA. 4. THE SUPERINTENDING ENGINEER(M), TUBE-WELL DIVISION, PATNA. 5. THE EXECUTIVE ENGINEER, TUBE-WELL (DRILLING) DIVISION, MOHANIA, KAIMUR AT BHABHUA (EARLIER THIS OFFICE WAS AT KANKARBAGH, PATNA. 6. THE EXECUTIVE ENGINEER(M), TUBE-WELL (DRILLING) DIVISION, BHAGALPUR. ----------- RESPONDENTS. 5. 26/10/2009 Heard counsel for the petitioner and the respondent State. The grievance of the petitioner is with regard to the payment of the retiral dues of her husband which has not been paid as yet. A counter affidavit has been filed on behalf of the respondents wherein a stand has been taken that since the husband of the petitioner remained under work charged establishment, he was not entitled to the pension, gratuity etc. However, it has been stated in paragraph-13 that the Provident Fund due as also the amount towards the group insurance and leave encashment are payable. Notwithstanding the above, the learned counsel for the State submits that in case the petitioner files a representation with regard to his unpaid claims including the claim of family pension, the same would be considered 2 without delay. The learned counsel for the petitioner submits that as per the government resolution contained in Memo No. 3058 dated 22nd October, 1984, the petitioner is entitled to the pension and the gratuity also. Notwithstanding the above, the learned counsel for the petitioner submits that for expeditious disposal of the grievances, the petitioner proposes to file a fresh representation before the respondent No. 5 stating of her claims distinctly as also the copy of the relevant documents in support of such claims along with the certified copy of the present order. The respondent No. 5 shall consider the grievance of the petitioner as raised in the representation in accordance with law considering the copy of the documents annexed therewith expeditiously preferably within a period of four months on receipt of such representation so that the unpaid claims of the petitioner could be settled without delay and the admitted amount found payable to be paid with statutory interest. The writ application stands disposed of with the above observations/directions. S. Ali (Shailesh Kumar Sinha, J.)