The State Of Bihar v. Most. Ramsigari Devi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.113 of 2021 In Civil Writ Jurisdiction Case No.20072 of 2019 ====================================================== 1.
The State of Bihar through the Principal Secretary, Panchayati Raj Department, Bihar, Patna.
2.
The District Magistrate, District - Aurangabad. 3.
The District Officer, District - Aurangabad.
4.
The Block Development Officer, Deo Block, District - Aurangabad. 5.
The Block Development Officer, Obra Block, District - Aurangabad. 6.
The Regional Provident Fund Commissioner, Provident Fund Commissioner, Provident Fund Office, Patna.
... ... Appellant/s
Versus
Most. Ramsigari Devi Wife of Late Ram Dev Singh, Resident of Village - Chauri, P.S. Daudnagar, District - Aurangabad. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Satya Vrat, AC to GP 10 For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 17-11-2021 Aggrieved by the judgment passed by learned Single Judge in C.W.J.C. No.20072 of 2019 dated 07.07.2020 , State of Bihar has filed this appeal.
Patna High Court L.P.A No.113 of 2021 dt.17-11-2021 2/3 Husband of the petitioner, namely Ram Dev Singh was appointed as Panchayat Sevak on 20.04.2005, who was posted in block office of Rafiganj, where he died in harness on 15.06.2019.
In the counter affidavit filed by the State Government, it was stated that the amount of Rs. 3,38,240/- was due against the husband of the petitioner and other retirement dues were paid after making such deduction, however, amount of gratuity of Rs. 4,72,536/- could not be paid as it was contended that with immersion of Rule 43(d) vide notification dated 21.01.2019 in Bihar Pension Rules, gratuity amount was withheld till final conclusion of the departmental proceeding or judicial proceeding.
It is an admitted position that the husband of the petitioner died in harness and as such no departmental proceeding or criminal proceeding was initiated against him during his lifetime and even same would have abated on the death of the Government employee.
The learned Single Judge has directed to pay all the retiral dues including, family pension, gratuity and other retirement benefits with interest @ 6 per cent per annum from the date, it was due, till its realization.
Patna High Court L.P.A No.113 of 2021 dt.17-11-2021 3/3 Accordingly, the appeal filed by the State Govt. is dismissed.
(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA