IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14769 of 2011 Maya Chakrabarty @ Maya Chakravarty widow of Late Dr. Shaktipada Chakrawarty @ Sakati Pada Chakravarty, Resident of village Parora, Police Station Krityanand Nagar, District Purnia. ... ... Petitioner. Versus 1. The State Of Bihar through the Director in Chief, Health Services, Government of Bihar, Patna. 2. The Director in Chief, Health Services, Government of Bihar, New Secretariat Building, Bailey Road, Patna. 3. The Deputy Secretary, Department of Health, Government of Bihar, Patna. 4. The Accountant General, A & E, Bihar, Birchand Patel Path, Patna. 5. The Civil Surgeon Cum the Chief Medical Officer, Bhagalpur. 6. The Treasury Officer at Purnia. ... ... Respondents. ---------------------------------- 6. 14.10.2011. Heard Shri Arun Prasad Ambastha, learned counsel for the petitioner, Shri Prabhat Kumar Verma, learned A.A.G.5 appearing on behalf of respondent nos.1, 2, 3, 5 and 6 and Shri Ajit Kumar, learned counsel appearing on behalf of respondent no.4/Accountant General, Bihar. This is the glaring case of example of callous attitude of Government of Bihar and its officials towards senior citizen, particularly the petitioner whose husband retired in the year 1983 and thereafter, he died in the year 2003. He tried to get all the retiral dues settled during his life time, but it was never done. Thereafter, the 2 petitioner, widow of the retired employee, approached the authority concerned, but all efforts went in vain. Left with no option, she approached this Court, while invoking writ jurisdiction of this Court. The husband of the petitioner retired on 31.1.1983 as Assistant Surgeon and a Medical officer. Thereafter, he approached for settlement for all the retiral dues, but nothing was done. Even gratuity amount was not paid during his life time and he died on 7.4.2003. During his life time only he got provisional pension. A meager amount of Rs.197/- was being paid as provisional pension to the deceased employee. Subsequently, the petitioner also started to get family pension, but on a meager rate. All the death-cum-retiral dues of the husband of the petitioner have not been cleared till date. Learned counsel for the petitioner has drawn my attention to different annexures, which are communications made by the office of the Accountant General to the respondent/State. However, even on the request made by the Accountant General, the respondent/State has not taken any hid in 3 the matter and mater remained un-settled till date. The petitioner has not even received the amount of gratuity of her husband. Annexures 10 and 10A to the writ petition is very much evident on the point that gratuity amount has not been paid to the petitioner till date. It further appears from the writ petition that family pension has not been correctly calculated and verified. Shri Prabhat Kumar Verma, learned A.A.G.5 again has made a prayer for adjournment for filing counter affidavit. The present writ petition was filed on 5.9.2011 after serving copy on State counsel. Thereafter, on 9.9.2011, the case was taken up for hearing and on that date, a prayer was made on behalf of the State to adjourn the case for four weeks. Keeping in view the fact that petitioner was a senior citizen and her case was pending since long, prayer for adjournment for four weeks was refused. On 9.9.2011, the case was adjourned for the day. Thereafter, on 26.9.2011, none appeared on behalf of the State. Again on 12.10.2011, 4 there was no representation on behalf of the State and yesterday again, a prayer was made by the State counsel to adjourn the case for filing counter affidavit. It was made clear on 13.10.2011 that if by tomorrow counter affidavit is not filed, the matter will be decided on the basis of materials available on the record. Accordingly, in view of the facts and circumstances, the writ petition stands allowed directing all the respondents to take all steps to settle all the death-cum- retiral dues of the husband of the petitioner and re-calculate the family pension of the petitioner and sanction and pay to the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. While making payment, the respondents are directed to make payment along with simple interest at the rate of 4% per annum on all the dues of the petitioner. All the concerned are directed to take all steps so that all the retiral dues may be transmitted to the account of the petitioner within eight weeks from the date of 5 receipt/production of a copy of this order. Keeping in view the fact that the petitioner is a senior citizen aged about 84 years and she had pursued the matter before the authority concerned for long time, while allowing the writ petition, it is desirable to impose a cost of Rs.5,000/- on the State. Amount of cost as well as all the retiral dues with interest as indicated above should be paid to the petitioner within eight weeks from the date of receipt/production of a copy of this order. The State shall be entitled to recover the amount of cost as well as amount of interest paid to the petitioner from the officer/employee responsible for delay in settling the matter. With above observation and direction, the writ petition stands allowed. N.H./ ( Rakesh Kumar,J.)