IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3864 of 2007 SMT. TARA MISHRA & ANR. Versus THE STATE OF BIHAR & ORS ----------- 07/ 05.03.2010 Mr. Bimlesh Kumar for the petitioner and Mr. Prabhat Bharti, assisting counsel to G.P. 2 are present. The original petitioner superannuated from the service of the Zila Parishad, Motihari holding the post of a License Clerk with effect from 31.5.2000. Upon non-payment of his retiral dues, the petitioner filed the writ petition raising grievance of non- payment of his retiral dues relating to gratuity, leave encashment, difference of pay, dearness amount deducted from dearness allowance and provident fund etc. Although the matter has remained pending before this Court for almost three years, neither there is any counter affidavit on behalf of the Zila Parishad nor there is any representation on their behalf. The original petitioner Surendra Mishra unfortunately expired during the pendency of the proceedings and was substituted by his widow Smt. Tara Mishra and his only son Arbind Kumar who have chosen to pursue the present matter. In such a situation, no useful purpose would be served in keeping the writ petition pending and the same is 2 disposed of with a liberty to the present petitioners who are legal heirs of Late Surendra Mishra to file a representation before the respondent no. 3, the Chief Executive Officer, Zila Parishad, East Champaran, Motihari in respect of the retiral dues relatable to Late Surendra Mishra and who shall consider the representation and make payment of the admissible retiral dues and any other dues found admissible to the Late employee together with admissible interest within a period of three months from the date of filing of such representation. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)