LAWS(PAT)-1997-2-25

KAUSHAI KUMARI Vs. STATE OF BIHAR

Decided On February 07, 1997
KAUSHAL KUMARI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner is the widow of the deceased Government servant late Permatama Nand Ashthana who died in harness on 22-9-1984 while posted as Executive Engineer. Despite lapse of long time when dues of the husband of the petitioner as also the family pension were not paid to the petitioner she was compelled to move this Court by filing the present writ petition with the grievances mentioned there in.

(2.) This matter was earlier heard on several occasions and with the best efforts of the learned Additional Advocate General HI as well the learned Addl. Standing Counsel for the Accountant General, the sanctioned order/authority slips for most of the payments of the petitioner have been issued. However, as regards G.P.F.amount of the deceased husband of the petitioner, the same was paid for the period since after the transfer of the accounts from the Accountant General office but with respect to deduction made on that account while the accounts were being maintained in the office of Accountant General the payment could not be made on account of nonavailability of the details of the deduction and as such in the last order dated 3-2-97, the learned Addl. Standing counsel for the Accountant General was directed to take instruction from the Accountant General office with respect to the details of the posting of the husband of the petitioner during the period 1975-76 to 1981-82. Learned Addl. Standing Counsel has produced the details and as stated a copy of the same has also been sent to the concerned authority. A copy of the said details which has been produced in Court is being handed over to the learned Additional Advocate General III who states that we shall see that necessary sanction order will be issued within the time as is fixed by this Court.

(3.) Learned Counsel for the petitioner, however, submitted that the Accountant General Office has not yet fixed pay of the deceased husband of the petitioner for certain period when he was posted as Assistant Engineer as well as the Executive Engineer. Learned Counsel for the respondents have fairl) submitted that if any of the grievance of the petitioner still remains to be redressed she may approach the concerned authority by filing a detailed representation giving the detail of he: claim which shall be disposed of strictly by a reasoned order by the time as fixed by the Court. Learned Counsel fo the petitioner also submitted that is view of the fact that certain dues of the petitioner remain withheld by the Stat Government for such a long time period this Court should direct the respondent to pay the interest over the belated payment.