IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.14935 of 2007 Kanti , Wife of Late Bhuian Dome, resident of Mohalla- Tel Bigha, Dom Toli, P.S. Kotwali, District-Gaya ------------------ Petitioner Versus 1. The State Of Bihar through Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 2. The Secretary, Urban Development Department, Govt. of Bihar, Patna 3. The Secretary, Finance Department ,Govt. of Bihar,Patna 4. The Commissioner, Gaya Municipal Corporation, Gaya 5. The Finance Officer, Gaya Municipal Corporation, Gaya 6. The Accounts Officer, Gaya Municipal Corporation, Gaya ---------------------------------- 02 04-08-2011 Heard Sri Binod Kumar, learned counsel for the petitioner, Sri Chhotelal Mishra, learned A.C. to Govt. Pleader no.17, who appears on behalf of Respondent nos.1 to 3/ State and Sri R.K.Priyadarshi, learned counsel appearing on behalf of Respondent nos. 4 to 6/ Gaya Municipal Corporation, Gaya. The present writ petition was filed in the year 2007 with a prayer to direct the Respondents to make payment of death-cum- retiral dues of her husband, who died on 22.10.2003, while functioning as Class-IV employee (Cleaner) in the Gaya Municipal Corporation, Gaya. Learned counsel for the petitioner submits that till date even family pension has not been fixed. Despite the fact that writ petition was filed in the year 2007 after serving a copy on learned counsel for all the Respondents, till date no counter affidavit has been filed. Sri R.K.Priyadarshi, learned counsel appearing on behalf of Respondent/ Gaya Municipal Corporation, Gaya on instruction 2 submits that the petitioner has not submitted any paper before the Respondent/ Gaya Municipal Corporation. Be that as it may, fact remains that writ petition was filed in the year 2007 and till date no counter affidavit has been filed. Accordingly, the Court is of the opinion that that averment made in the writ petition has not been disputed by the Respondents and, as such, the writ petition stands allowed directing Respondent no.4/ the Commissioner, Gaya Municipal Corporation, Gaya to take all steps for clearing all death-cum- retial dues of the husband of the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. Respondent no.4 is further directed to take steps for fixing family pension of the petitioner and start paying family pension to the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. Respondent no.4 is further directed to make payment of entire dues including dues of family pension from the death of husband of the petitioner within four months from date of receipt /production of a copy of this order. The petitioner shall be entitled to get interest on delayed payment @ 4% per annum. The writ petition stands allowed. NKS/- ( Rakesh Kumar, J.)