IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18530 of 2011 Kailashi Devi, W/O Late Satdeo Singh, Resident of Village Gopalmath, P.O. Bhagwanpur, P.S. Thaway, District Gopalganj. ... ... Petitioner. Versus 1. The State Of Bihar 2. The Chairman, Bihar State Electricity Board, Patna. 3. The General Manager, Tirhut Electric Supply Area, Muzaffarpur. 4. The Deputy Personnel Director, Tirhut Electric Supply Area, Muzaffarpur. 5. The Electric Superintending Engineer, Electric Supply Circle, Chapra. 6. The Electric Executive Engineer, Electric Supply Division, Gopalganj. 7. The Assistant Engineer, Electric Supply Sub-Division, Gopalganj. 8. District Provident Fund Officer, Gopalganj. ... ... Respondents. ---------------------------------- 4. 14.11.2011. Heard Shri Prabhakar Singh, learned counsel for the petitioner and Shri Ajay Kumar Gautam, learned counsel appearing on behalf of respondent nos.2 to 7/Bihar State Electricity Board. The petitioner’s husband, while functioning as Messenger and posted in Electric Supply Sub-Division, Gopalganj, died on 4.12.2010. Despite the fact that husband of the petitioner died during service in the month of December,2010, no death-cum-retiral dues were paid to the petitioner and as such the petitioner has approached this Court by filing the present writ petition with a prayer to direct the 2 respondents to pay all death-cum-retiral dues of her husband as well as fix family pension and start paying the same along with payment of arrear of family pension. In this case, earlier the respondent/Board was directed to file counter affidavit. However, no counter affidavit has been filed till date and as such the present writ petition is being disposed of on the basis of materials available on the record of the case. Learned counsel for the petitioner submits that after the death of husband of the petitioner, the Deputy Director (Personnel) had issued an instruction to the Superintending Engineer, Electric Supply Circle, Chapra wherein date of birth of husband of the petitioner was disputed and without any basis an incorrect date of birth has been referred vide Annexure-4 to the writ petition. Learned counsel for the petitioner has drawn my attention to Annexure-2 to the writ petition, which shows that date of birth of husband of the petitioner was considered by the Medical Board as 3 1.12.1951. It was submitted that after the death of husband of the petitioner, the respondents were required to immediately settle all death-cum-retiral dues of husband of the petitioner, but on unsustainable grounds, the respondents had delayed the settlement of the dues. It was submitted that treating the date of birth of husband of the petitioner as per Annexure-2 to the writ petition, the respondents/Board are required to fix family pension and clear all death-cum-retiral dues of husband of the petitioner. Keeping in view the fact that the husband of the petitioner was a Class-IV employee and Annexure-2 specifies the date of birth of husband of the petitioner according to which he was to retire with effect from 30.11.2011, the respondent no.3/General Manager, Tirhut Electric Supply Area, Muzaffarpur is directed to settle all death-cum-retiral dues of husband of the petitioner treating the date of birth of husband of the petitioner in view of annexure-2 to the writ petition and pay the retiral dues within a period of eight weeks 4 from the date of receipt/production of a copy of this order. The respondent no.3 is further directed to fix family pension of the petitioner and also pay arrear of family pension within aforesaid time. The writ petition stands allowed. N.H./ ( Rakesh Kumar,J.)