Sabitri Devi vs The State of Bihar and Others

Mridula Mishra, J.—On last occasion by order dated 5.11.2003 learned State counsel was directed to file counter-affidavit so that this case may be disposed of at the stage of admission itself. Today counter-affidavit has been filed by the Director, Consolidation, Bihar, Patna. But in compliance nothing has been stated in the counter-affidavit as to what steps have been taken for payment of retiral dues to the petitioner, who is a widow of an employee posted as Amin in Consolidation Department, and her husband became traceless since 10.3.1995. It is a settled law that a Government servant, who is traceless, shall be paid his retiral dues after completion of seven years from the date he became traceless. But in this case no steps have been taken for payment of retiral dues to the petitioner. Put up after two weeks under the same heading in the same list. In the meantime, it is expected that everything will be paid to the petitioner when the matter will be listed again on the next date.