S.J.MUKHOPADHYA, J. - (1.) THE writ petition was preferred by petitioner Nareshwar Upadhyay (since deceased) for direction on the respondents to pay gratuity and rest of the 10% pension.
(2.) DURING the pendency of the writ petition, petitioner Nareshwar Upadhyay died, his widow Smt. Sushila Upadhyay was substituted in his place as the petitioner. It appears that late Nareshwar Upadhyay was in the services of the Bihar State Electricity Board (B.S.E.B.) and retired on 31st July, 1999. After his retirement, he was paid 90% of the pension and other retiral benefits but the gratuity and 10% of the pension were not paid is absence of sanction order.
(3.) MR . Mihir Jha appearing for the B.S.E.B. submitted that the pension of Late Nareshwar Upadhyay has been finalized vide Order dated 27th April, 2002 (Annexure -13). The Family Pension to which the petitioner widow is entitled has also been mentioned therein.;