REHANA KHATUN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard, Mr. Awadhesh Kumar Mishra for the petitioner, Mr. S.S. Naiyar Hussain, Govt. Pleader No. II for Respondent Nos. 1 to 4, and learned Counsel for Respondent No. 5 (Settlement Officer Jharkhand, Ranchi). According to the writ petition, the petitioner's late husband (Late Azijuddin Ahmad) was in the services of the Bihar Government who superannuated with effect from 31-12-1981 while he was posted as Assistant Settlement Officer, Senna, Rachi. He died on 5-5-1995. The petitioner complains before this Court that no part of the post-retirement benefits admissible to her late husband, nor the benefits admissible to her in the capacity of the widow consequent upon the demise of her husband, has been paid to her in spite of persistent efforts.

(2.) Learned Govt. Plaeader No. II appearing for Respondent Nos. 1 to 4 has placed on record and submits that this writ petition raises such stale claims that Respondent Nos. 1 to 4 are unable to deal with the situation, inter-alia, because of absence of records. He further submits that the pleadings on record present a situation of confusion worse confounded. He relied on the following reported judgments of the Supreme Court:

(3.) Learned Counsel for Respondent No. 5 (the Settlement Officer, Jharkhand, Ranchi) has placed on record the counter affidavit and has supported the stand taken by Govt. Pleader No. II.