IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16613 of 2011 Manoj Kumar, Son of Late Ram Janam Sharma, C/o Late Bachchu Sharma, resident of Village: Haridaspur, Shobigha, P.O: Shobigha, P.S: Ghosi, Dist: Jehanabad. ... ... Petitioner. Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Magadh University, Bodh Gaya through its Registrar, having office at Magadh University, Bodh Gaya. 3. The Vice-Chancellor, Magadh University, Bodh Gaya. 4. The Finance Officer, Magadh University, Bodh Gay. ... ... Respondents. ---------------------------------- 5. 28.9.2011. In the present writ petition, repeatedly none had appeared on behalf of the respondent/Magadh University despite the fact that copy of the writ petition was already served on learned counsel for the respondent/Magadh University. It is evident from order dated 22.9.2011, 23.9.2011 and 27.9.2011 that repeatedly none appeared on behalf of the respondent/Magadh University. Heard Shri Abhay Kumar Sinha, learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned A.C. to G.P.5, who appeared on behalf of respondent no.1/State of Bihar. The respondent nos.2, 3 and 4 remained un-represented. The present writ petition has been filed by the son of an employee, who retired on 29.2.2004 and died on 30.12.2009 2 without getting any death-cum-retiral dues. The petitioner’s father, namely, Late Ram Janam Sharma was Assistant (Non-teaching staff of S.S. College, Jehanabad under Magadh University. Learned counsel for the petitioner submits that after retirement, the father of the petitioner repeatedly approached the respondent-authorities by filing number of representations for clearing the retiral dues and without getting any retiral dues, he died on 30.12.2009. Thereafter, the petitioner approached the authority concerned for clearing death-cum-retiral dues. However, even the petitioner was not paid anything and thereafter, petitioner was constrained to approach this Court by filing the present writ petition. The writ petition was filed after serving copy on learned counsel for the respondents, which includes respondent/Magadh University. In view of repeated non appearance on behalf of the respondent/Magadh University, the writ petition is being allowed on the basis of materials available on record. Learned counsel for the 3 petitioner submits that petitioner is the only legal heir of deceased employee and as such he is entitled to get death-cum- retiral dues of his father. In view of the facts and circumstances, particularly the fact that neither any one appeared on behalf of the respondent/Magadh University nor any counter affidavit has been filed, the writ petition stands allowed with a direction to respondent no.3/Vice Chancellor, Magadh University to take all steps to clear all the death-cum-retiral dues of father of the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. If the respondent/University is satisfied that petitioner is the only legal heir of the deceased employee, the payment of all the death-cum-retiral dues shall be made along with interest at the rate of 5% from the date of retirement till the date of payment. Even in case of refusal on any ground, the respondent no.3/Vice Chancellor, Magadh University is required to pass a speaking order and communicate 4 the same to the petitioner within eight weeks from the date of receipt/production of a copy of this order. With above observation and direction, the writ petition stands allowed. N.H./ ( Rakesh Kumar,J.)