Harish Kumar, J.—Heard Mr. Shiv Kumar, learned counsel appearing on behalf of the petitioner, Mr. Ramadhar Singh, learned GP-25 and Mr. Vivekanand Kumar, learned counsel for the Accountant General.

2. By filing the present writ petition, the petitioner is seeking a direction upon the respondent authorities to pay the petitioner all the death-cum-post retiral benefits, including family pension, gratuity, leave encashment, general provident fund, group insurance, due salary for the period of March 2016 to 29.07.2020 and other legally payable dues to him with up-to-date statutory interest, on account of death of her mother, Late Amrita Sinha, who died in harness on 29.07.2020, while working as A.N.M. in the Primary Health Centre, Bagha-I, West Champaran.

3. Shorn of unnecessary details, the facts, which led to the filing of the present writ application is that pursuant to an advertisement, inviting application for admission in different A.N.M. schools of the State of Bihar, the mother of the petitioner selected for training, she appeared in the examination and came out successfully. Thereafter, the mother of the petitioner was registered as Auxiliary Nurse Midwifery (hereinafter referred to as ‘the A.N.M.’) by the Bihar Nurses Registration Council and a certificate has been issued in her favour. It is further submitted that, thereafter, vide Memo No. 385 dated 30.04.1987, issued by the Civil Surgeon-cum-Chief Medical Officer, Saharsa, the mother of the petitioner (Late Amrita Sinha), was appointed to the post of Female Health Worker in the pay scale of Rs. 580-860/- and posted in the Primary Health Center, Basantpur, Saharsa where she joined on 05.05.1987. Subsequently, on being transferred, she was posted to Primary Health Centre, Thakraha, West Champaran where she joined 29.06.1988 and started discharging her duty and was getting regular salary without any interruption.

4. All of a sudden, in the year 2016, while the mother of the petitioner was posted in Primary Health Centre, Bagha-I, West Champaran, her salary was stopped along with others till further order, vide letter no. 200 dated 11.07.2016, issued under the signature of In-charge Medical Officer, Primary Health Centre, Bagha-I.

5. It is submitted that on perusal of the aforesaid letter dated 11.07.2016, it is evident that the salary of Late Amrita Sinha was stopped due to non-submission of her appointment letter, although it is contended that she had submitted all the documents for her appointment, including the appointment letter way back in the year 1988 itself. It is next contended that all of a sudden in the year 2017, an FIR, bearing Bagha P.S. Case No. 60 of 2017, has been registered against Late Amrita Sinha, for the offences under Sections 420, 409, 467, 468 and 471 of the Indian Penal Code on a written report filed by the Incharge Medical Officer, Primary Health Centre, Bagha-I, West Champaran, as contained in Letter No. 53 dated 31.01.2017.

6. The mother of the petitioner being aggrieved, filed a writ petition, bearing CWJC No. 14498 of 2019, before this Court praying therein for directing the respondent authorities to allow her to discharge her duty on the post of A.N.M., on which she was working earlier. However, during the pendency of the aforesaid writ petition, the mother of the petitioner, who had diagnosed Carcinoma, died on 29.07.2020, leaving behind the present petitioner, his brother and one sister.

7. Mr. Kumar, learned counsel for the petitioner vehemently submits that from the materials available on record, it is evident that the aforesaid FIR has been lodged without any enquiry/proceeding, rather the same has been instituted only on the basis of a letter issued by the Civil Surgeon-cum-Chief Medical Officer, Saharsa, by which it was informed that the appointment letter no. 385 dated 30.04.1987, relating to the mother of the petitioner (Late Amrita Sinha), had not been issued from his office. He further submits that during the entire service period, ri