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1998 DIGILAW 750 (PAT)

Pushpa Devi v. State of Bihar

1998-11-03

CHAUDHARY S.N.MISHRA

body1998
ORDER : 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. 4. In this connection, reference may be made to the ORDER :dated 7.8.98, which will speak for itself. Pursuant to the said ORDER :, the heirs of the deceased employee have been made party respondent in this case and they have appeared and filed their counter affidavit claiming the share out of the retiral benefits payable to the deceased employee. Since the liability to pay the retiral benefits has not been denied and is not being denied during the course of hearing, I direct the State respondents to issue sanction ORDER :with respect to the retiral benefits legally payable to the deceased employee and forward the same to the Accountant General. However, the respondent Accountant General will not issue authority slip till the succession certificate is produced before him. It goes without saying that on production of the succession certificate, if it is found that other legal heirs are equally entitled to the retiral benefits of the deceased employee, the authority slip shall be issued accordingly. However, the respondent Accountant General will not issue authority slip till the succession certificate is produced before him. It goes without saying that on production of the succession certificate, if it is found that other legal heirs are equally entitled to the retiral benefits of the deceased employee, the authority slip shall be issued accordingly. As the husband of the petitioner died in harness and the admitted dues has not been paid till date, the second widow of the deceased employee has been dragged to this Court for grant of retiral benefits. Accordingly, the heirs of the deceased employee are entitled to interest at the rate of 10% per annum from the date of death till the date of respective payments along with a cost which I assess at Rs. 1000/-. Both interest and cost shall be paid along with the principal amount on production of succession certificate. The amount which has already been received by the petitioner is subject to the adjustment in terms of succession certificate that may be issued by the succession court. 5. This writ application is, accordingly, disposed of.