Albert Joseph Sah vs The State of Bihar and Others

Sheema Ali Khan, J.—I.A. No. 602 of 2011 has been filed for substituting the legal heir of the sole Petitioner who died sometime in the year 2007-08. The date of death of the Petitioner could not be ascertained as the legal heir is about 9 years of age. The wife of the Petitioner pre-deceased him and the daughter of the Petitioner is the only living heir. Apparently, the minor daughter was adopted by the Petitioner and is now under the guardianship of Manoj Kumar Das by the order passed in Guardianship Case No. 15 of 2008 (Annexure-10).

Considering that the girl is minor, any delay in filing of the substitution petition is hereby condoned.

I, accordingly, allow the minor daughter of the deceased Petitioner Ms. Jacinta Albert to pursue this writ application on behalf of her father.

Accordingly I.A. No. 602 of 2011 is allowed.

The question is whether late Albert Joseph Sah, Retired Radiographer would retire at the age of 60 years or 58 years? This question is settled by a judgment of this Court in the case of Smt. Clara Ainda Vs. State of Bihar and Others , wherein this Court has held that the teaching and non-teaching staffs of the Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna would retire at the age of 60 years.

Late Sah is survived by the adopted minor daughter Ms. Jacinta Albert. The pension etc. is being paid to her legal guardian Manoj Kumar Das for the maintenance of the child. Counsel for the Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna submits that the arrears of late Sah have already been is-sued on 19.1.2010.

I, accordingly, direct that the Respondent No. 3 should deposit the arrears of salary and recalculate the pensionary benefits and other benefits of late Sah and get an account opened in any nationalized bank in the name of Ms. Jacinta Albert through her legal guardian so that the money can remain in the Fixed De-posit Account and would be available, for the use of Ms. Jacinta Albert after she attains majority.

In case of need of the money for some reason, the legal guardian can always apply before the Principal Judge for permission to withdraw part of the amount as required.

The Director, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna should ensure that the arrears are deposited in the ''fixed deposit'' in a bank within a period of three months from the date of receipt/production of a copy of this order. The guardian of the substituted heir is directed to produce a copy of this order within a period of eight weeks from today before the Respondent aforesaid.

I may clarify that the regular pension would be paid, as is already being paid to the legal guardian of Ms. Jacinta Albert.

This application is disposed of with the aforesaid observations and directions.