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2011 DIGILAW 2098 (PAT)

Masomat Sumitra v. State of Bihar

2011-09-28

AHSANUDDIN AMANULLAH

body2011
ORDER Heard learned counsel for the petitioner as well as Mr. Rajesh Kumar, learned G.P.8 for the State. 2. The petitioner has moved this Court for a direction to the respondents for payment of salary which was due to her late husband for the time he performed his duties. 3. From Annexure-1 to the writ petition, which is an order dated 26.8.1991 of a Division Bench of this Court passed in CWJC No.209/1991, it appears that the respondents were directed to make payment to the late husband of the petitioner for the period he worked, subject to verification of his degree as well as time actually spent working. 4. Annexure-2 of the writ petition is a copy of the order dated 15.7.1993 issued under the signature of the Deputy Superintendent of Education, Bhagalpur in which it is stated that pursuant to the direction given by this Court in CWJC No. 209/1991, the husband of the petitioner alongwith four other persons would be paid their salary for the period for which they performed their duties. 5. Learned counsel for the petitioner submits that the husband of the petitioner died soon thereafter, and the present petitioner being his widow as also due to not being very familiar with official matters with regard to payment of dues of her late husband, could not pursue the matter vigilantly. However, after sometime she did approach the respondents for redressal of her grievances, but the same was never redressed and ultimately finding herself without any further remedy, she has approached this Court. 6. Upon hearing learned counsel for the parties, this Court is of the opinion that once an order is passed for payment of arrears of dues in the present case and after perusal of the official records husband of the petitioner has been found entitled for payment of the same it could not have been denied at this stage. 7. In view of the abovementioned position, this Court directs the respondent no.3 to ensure that the order contained in Annexure-2 dated 15.7.1993 is complied forthwith. The same would be done as per the official records and the petitioner should not be harassed to produce any evidence or documents. If required the respondents would themselves verify from the official records since the official respondents themselves maintain the records about working and other relevant data of the employees. 8. The same would be done as per the official records and the petitioner should not be harassed to produce any evidence or documents. If required the respondents would themselves verify from the official records since the official respondents themselves maintain the records about working and other relevant data of the employees. 8. It is also made clear that the payment would be made for the period admitted. Let the payment of the actual amount admitted to the petitioner be made within four weeks from the date of production/receipt of a copy of this order. The writ petition stands disposed off with the aforesaid directions. ?