PUSHPA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) LET the Accountant General be made a party respondent in this writ application. Copy of this writ application be served upon Mr. Manu Shankar Mishra, who generally appears on behalf of the Accountant General.

(2.) THIS relates to the payment of retiral benefits to the petitioner who is the widow of the deceased employee, who died in harness on 21.8.95 as a teacher from the Secondary School, Siwan. It is submitted that after death of her husband the petitioner filed several representations before the respondent authority for payment of retiral benefits of her husband, copy of such representations have been made as Annexures 2, 3, 4 & 5 to this writ application. It is further submitted that the respondent Headmaster has referred the matter to the District Education Officer, Siwan, and the District Education Officer in his turn has directed the respondent Headmaster to withdraw and pay the retiral benefits to the petitioner, as it appears from Annexures 9 & 9A to this writ application.

(3.) IN this case, a counter affidavit has been filed on behalf of respondent District Education Officer wherefrom it appears that the liability to pay the retiral benefits is not being denied. However, it is stated that succession proceeding is pending and, as such, the retiral benefit has not been paid to the petitioner.