Indu Devi And ANR. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2597 of 2014 ======================================================

1. Indu Devi, Daughter of Late Rabindra Prasad Singh and wife of Sri Akhilesh Singh

2. Soni Devi, Daughter of Late Rabindra Prasad Singh and wife of Sri Angad Singh Both of are Resident of Mohalla- Shankarpuri, Sadpura, Ward No. 34, House No. 650, P.S. Kaji Mohammadpur District- Muzaffarpur .... .... Petitioners

Versus

1. The State of Bihar through Chief Secretary

2. The Secretary, Department of Human Resources, New Secretariat, Bihar, Patna.

3. The District Magistrate, Muzaffarpur

4. The District Education Officer, Muzaffarpur.

5. The Treasury Officer, Muzaffarpur

6. The District Provident Fund Officer, Muzaffarpur.

7. The Accountant General, Bihar, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Respondent/s : Mr. AC to SC-2 Mr. Satyendra Kumar Jha, ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

27-01-2015 Heard learned counsel for the petitioner, learned AC to SC-2 as well as Sri Satyendra Kumar Jha, learned counsel, who has appeared on behalf of the Accountant General, Bihar. The original writ petitioner, who claimed to be retired on 30.04.2002, had filed the present writ petition in the month of January, 2014 with a prayer to direct the Respondents to settle all the retiral dues. From the writ petition, it appears that a representation was filed by the original petitioner only few months

Patna High Court CWJC No.2597 of 2014 (5) dt.27-01-2015 2/2 before filing of the writ petiion.

Keeping in view the fact that the writ petition itself was filed at much belated stage, this Court may not interfere into the matter. However, writ petition can be disposed of with a direction to Respondent no.4/ District Education Officer, Muzaffarpur, before whom representation was filed by the original petitioner, to examine the claim of the petitioner and take final decision in accordance with law preferably within a period of two months from the date of receipt/production of a copy of this order.

It goes without saying that if there is no dispute regarding the claim of the petitioner, same may be settled and given to the petitioners within three months, who subsequently were substituted as legal heirs after expunging the name of the original petitioner.

The petition stands disposed of.

(Rakesh Kumar, J) NKS/- U