Smt.Rajani Devi @ Guddi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16025 of 2007 =========================================================== Smt.Rajani Devi @ Guddi, wife of Lal Babu Paswan, daughter of Banwari Paswan, resident of village- Gidha, P.S.- Koilwar, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Energy, Sinchai Bhawan, Old Secretariat Campus, Patna.

2. The Superintending Engineer, Electrical Work Circle, Patna.

3. The Executive Engineer, Electrical Works Division, Patna.

4. The Assistant Engineer, Electrical Work Sub-Division, Old Secretariat, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None.

For the Respondent/s : Mr. (GP20) =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 13-05-2015 No one has appeared on behalf of the petitioner. Heard the Counsel for the State.

The petitioner claimed herself to be widow of Lal Babu Paswan who was engaged as Peon/Mazdoor in the Office of the Executive Engineer vide order dated 20.11.1992 and was subsequently transferred to Electric Sub-Division, Old Secretariat, Patna. The grievance of the petitioner is that her husband had contributed to the Provident Fund account which has not been paid to her although her husband is traceless since November, 2001 and his civil death can be presumed and the benefits, if any, payable to the deceased employee be paid to her.

Counsel for the State has rightly pointed out that the

Patna High Court CWJC No.16025 of 2007 dt.13-05-2015 2/2 pleadings on record are vague, however, if a detailed representation is filed claiming the aforesaid benefit before the appropriate authority, the same shall be considered/examined in accordance with law. I have gone through the pleadings in the writ petition. They seemed to be vague. However, considering the fact that the widow has knocked the door of the Court for payment of legal admissible dues payable to her husband, this Court directs that if a representation is filed by the petitioner before the Executive Engineer, Electric Works Division, Patna (respondent no. 3), the same shall receive due consideration and disposal by him in accordance with law as quickly as possible. Any observation made hereinabove shall not be construed as the finding of the Court regarding the legal status of the petitioner as the widow of the deceased employee. The writ application stands disposed of.

(Kishore Kumar Mandal, J) Pankaj/- U