Sunaina Devi vs State Of Bihar And Ors

Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs as formulated by the petitioner has been claimed in the writ petition -

“i) To direct and command the respondent authorities to pay death-cum-retiral benefits of the husband of the petitioner who died in

harness while working on the post of Chaukidar-cum-dafadar and nothing has been paid till date;

ii) To direct and command the respondent authorities to pay the arrears and current family pension along with interest to the petitioner from

the date it became due to the petitioner till actual date of payment along with penal interest;

iii) To pay the entire dues amount along with interest and also cost of litigation to the petitioner;

iv) And, for any other relief, which may deem fit and proper in the facts and circumstances of the 3case.At.â€​the very outset learned counsel

for the petitioner fairly accepts that all due payments of retirement benefits have been made to the petitioner during pendency of the writ

petition. However, it is stated that such payments have been made after considerable delay and as such interest ought to be awarded.

This Court makes no observation with regard to payment of interest for the delayed payments, for which the petitioner shall be at liberty to file an

appropriate representation before the concerned respondent. If any such representation is filed within two weeks from today, the same shall be

considered and disposed of on its own merits in accordance with law after grant of opportunity of hearing to the petitioner within a period of four

weeks thereafter. Any payment of interest found due to the petitioner shall be paid within a period of eight weeks thereafter.

Having regard to the stand of the petitioner that due payments towards all retirement benefits have been made, the writ petition stands disposed of

with the aforesaid observations and directions.