CIVIL WRIT JURISDICTION CASE No.8601 Of 2000 In the matter of an application under Article 226 of the Constitution of India. ----------- MOSMAT INDU SINHA, W/O late Nageshwar Pd. Sinha resident of village- North Koyal Irrigation Colony, Near Anugrah Memorial College, Gaya, P.S. Rampur Town District-Gaya.----------------------- Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Water Resources Department, Bihar, Patna 3. Chief Engineer, Water Resources Department, Aurangabad. 4. Superintending Engineer, North Koyal Canal Circle, Gaya. 5. Executive Engineer, North Koyal Canal Division, Gaya, 6. Accountant General(A & E)II,Bihar,Patna -----------------------Respondents --------- For The Petitioner : Mr. Ajay Kumar Jain,Advocate For the State : Mr.PrabhatKumarSingh ,Standing Counsel No.XXI For Accountant General : Mr. P.K.Rajgrihar,Advocate ------------- P R E S E N T THE HON'BLE MR.JUSTICE JAYANANDAN SINGH J. N. Singh, J. Heard Mr. Ajay Kumar Jain, learned counsel for the petitioner, Mr. Prabhat Kumar Singh, learned Standing Counsel No.XXI for the respondent-State of Bihar and Mr. P.K. Rajgrihar, learned counsel for the Accountant General. It appears from order dated 08.2.2008 passed by this Court in this case that petitioner has raised a grievance with regard to retiral dues 2 of her late husband in respect of GPF, gratuity, leave encashment, annual increment and difference of salary in promotional scale. It is stated by the learned counsel for the respondents that the GPF amount of the late husband of the petitioner was paid to his heirs in proportion as was fixed in the succession case by a competent Civil Court. The husband died in 1996 and the payment was released on 31.10.1998 to his heirs in proportion as laid down in the order of the succession case. Learned counsel for the petitioner submits that amount was not paid to the petitioner as well as other heirs of the deceased Government employee with interest as per admissible in law. In the circumstances, learned counsel for the State has fairly suggested that a direction may be issued to the District Provident Fund Officer, Gaya to furnish a detailed chart with regard to the principal amount of GPF as well as interest calculated on the same and paid to the respective heirs along with principal amount separately. So far as gratuity is concerned, learned counsel for the State referring to counter 3 affidavit of respondent nos.2 to 5 submits that the gratuity has been released in favour of the petitioner and other heirs in the same proportion. He further submits that leave encashment has also been released in the same proportion. So far as annual increment and promotional scale is concerned, it is submitted that husband of the petitioner became entitled for promotion to the post of Assistant Engineer with effect from 27.12.1978 with all consequential benefits by virtue of the order passed by this Court in CWJC No.3113 of 1997. Therefore, if the said order has not been set aside subsequently, benefits flowing from the same to the petitioner has to be separately calculated by the respondent concerned from the retrospective date of promotion and has to be paid to the petitioner and other heirs of the deceased Government employee in proportion within a period of three months from the date of receipt/production of a copy of this order. So far as leave encashment, annual increment and difference of salary after grant of promotion to the deceased employee with effect from 27.12.1978 in terms of the said order is 4 concerned, the head of office i.e. respondent no.5- Executive Engineer, Gaya is directed to ascertain the entitlement of the deceased employee from his service book, which has to be maintained by him. In case the entries in the service book is not up-to-date, he shall up-date the same and shall record the promotion in the service book as per judgment of this Court and thereafter calculate all benefits and come to a final figure of entitlement of the deceased employee under the said heads. He shall calculate the amount which falls due after such calculation in the same proportion as fixed by the Civil Court and issue necessary orders for payment of the same to them. This exercise shall be conducted and completed in respect of all payments due within three months from the date of receipt/production of a copy of this order. In case any amount under any head has already been calculated and paid to the heirs of the deceased he shall furnish a detailed calculation to the petitioner and other heirs of the deceased employee within one month from the date of receipt/production of a copy of this order. 5 Learned counsel for the petitioner submits that after the judgment of the Civil Court in the succession case respondents were duty bound to calculate all dues of late husband of the petitioner and pay the same in full to all his heirs in proportion. He further submits that in terms of the judgment passed by this Court in the earlier case petitioner ought to have been granted promotion with due date and ought to have been given all consequential benefits much earlier. There is nothing on the record to show that those calculations have been made and payment has been released. Therefore, learned counsel for the petitioner submits that in case whatever dues comes out after calculation by the respondent no.5, petitioner and other heirs should be held entitled for interest on the same from the date of filing of the writ application till the date of payment. In the circumstances, respondent no.5 is directed to calculate the interest at the rate of 9 percent simple interest per annum on all amount which becomes payable from now on in terms of the order of this Court. The said interest shall be calculated from the date of filing of the writ 6 application till the date of his payment and the same shall be paid in the same proportion to all the heirs of the deceased employee along with calculated amount within the time fixed by this Court for the purpose. With the above observations/directions this writ application is disposed of. Let a copy of this judgment be served in the office of the learned Standing Counsel No.XXI. ( Jayanandan Singh, J. ) Patna High Court, Patna Dated the 26th September, 2008 A.H. /NAFR