IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10829 of 2005 SUNDARI DEVI wife of Late Ramakant Tiwari, resident of village Baigini, P.S. Ghoshi, District-Jehanabad Versus 1. THE COMMISSIONER EMPLOYEE PROVIDENT FUND ORGANIZATION, Regional Office, R. Block, Road No. 6, Patna 2. The Commissioner Employees Provident Fund Organization, Regional Office, Babhish Nidhi Bhawan, R. Block, Road No.6, Patna. 3. The Assistant Commissioner (Pension)Employees Provident Fund Organization Regional Office, Patna. 4. The Assistant Accounts Officer, Employees Provident Fund Organization Regional Office, Patna. ----------- 3 26.03.2010 A prayer is made on behalf of Mr. Rajeev Kumar Singh, counsel appearing for the respondent department, for adjournment as he is out of station. However, considering the nature of grievance raised in the writ petition, I am of the opinion that no purpose would be served in keeping the writ petition is pending. The petitioner is the mother of late Ashutosh Kumar who was an employee of Security and Intelligence Services (India) Ltd. and expired on 17.5.1998 in harness. The petitioner raises a grievance of non payment of family pension admissible to her under the provisions of the Employees Pension - 2 - Scheme, 1995. Learned counsel for the petitioner with reference to a letter of the Assistant Provident Fund, Commissioner (Pension), Bihar, Patna dated 31.7.2003 (Annexure-5) submits that the petitioner was directed to file her application together with the death certificate of late Ashutosh Kumar duly attested by Gazetted Officer. Relevant to mention here that initially the husband of the petitioner, Ramakant Tiwary was mentioned as a nominee to the family pension admissible to late Ashutosh Kumar being his father. Unfortunately, the father Ramakant Tiwary also expired leading to the present situation. It is in this background that Annexure-5 was issued requiring the petitioner to submit the death certificate duly attested by Gazetted officer. Learned counsel with reference to a letter of the petitioner placed at Annexure-4 submits that the direction of the Assistant Provident Fund Commissioner (Pension), Bihar, Patna was duly complied by the petitioner and evidence whereof is placed at Annexure-4. He - 3 - submits that despite the said position the petitioner being the mother of late Ashutosh Kumar who expired on 17.5.1998 i.e. almost 12 years since today, is still going without family pension. Having regard to the circumstances set forth, herein above, the writ petition is disposed of with the direction to the respondent No. 3, the Assistant Commissioner (Pension), Employees Provident Fund Organization, Regional Office, Patna to finalize the family pension of the petitioner and make payment thereof within a period of six weeks from the date of receipt/production of a copy of this order. Bibhash (Jyoti Saran, J.)