Nuzhat Hashmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.900 of 2025 ====================================================== Nuzhat Hashmi W/o Quadeer Ahmad, D/o Ataur Rahman Hashmi R/o Village- Khodanagar, P.O. and P.S. Motihari, District-Motihari East Champaran-845401 Earlier Working as Assistant Teacher in Khoda Nagar Urdu Primary School Motihari East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Human Resource Development Department, Govt. of Bihar Patna. 2.

The District Magistrate East Champaran Motihari 3.

The District Education Officer East Champaran Motihari. 4.

The Senior Treasury Officer East Champaran Motihari 5.

The Block Education Officer Motihari East Champaran. 6.

The Principal Khoda Nagar Urdu Primary School Motihari East Champaran. 7.

The Accounts Officer, Office of Principal Accountant General (A and E) Virchand Patel Marg Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Narayan Singh, Advocate For the Respondent/s :

Mr. Addl. Advocate General (13) For the AG :

Mrs. Nivedita Nirvikar, Sr. Advocate Mrs. Asmita Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 04-09-2025 Learned counsel for the petitioner, learned counsel for the Accountant General and learned counsel for the State are present.

2. The writ petition has been filed for the following reliefs :- (i) For issuance of a writ in the nature of a writ of mandamus commanding the respondent

2/4 authorities especially the respondent no 3 and 4 to ensure payment of monthly pension and other retiral benefits as EPF amount and commuted pension amount of Rs 14,78,400/- and also leave encashment and gratuity amount to the petitioner as the petitioner superannuated from the post of assistant teacher in Khoda Nagar Primary School Motihari East Champaran on 30.09.2021 itself but even after lapse of more than 3 years the petitioner neither been paid monthly pension nor any retiral benefit because of which the petitioner grappling with financial hardships in old stage and not even able for her medical treatment.

(ii) For holding that when the petitioner superannuated after serving more than 38 years as assistant primary teacher and there is no adverse record against the petitioner in entire service period having unblemished record then the respondent authorities not at liberty not making payment of pension and retiral benefits to the petitioner and the same being high handedness and arbitrariness on the part of the respondent authorities for no valid legal reasons.

(iii) For any other relief(s) applicable in the facts and circumstances of the case.

3. At this stage, learned counsel for the petitioner submits that the grievances raised in the writ petition with regard to commuted pension to the tune of Rs. 14,78,400/- as

3/4 also leave encashment and gratuity amount payable to the petitioner has been decided and appropriate bills prepared in this behalf has already been sent to the Treasury for crediting the same in the account of the petitioner. Learned counsel for the petitioner further submits that though the bills have been prepared which has been sent to the concerned authorities, till date the amount has not been received by the petitioner.

4. On the other hand, learned counsel for the petitioner submits that the bills have already been sent to the Senior Treasury Officer and shall be credited shortly and there is no issue as to why such amount shall not be credited and this matter can be disposed off with an observation that the concerned respondents will take all endeavors to ensure that the payments are made in favour of the petitioner, without any inordinate delay.

5. Considering the same, Senior Treasury Officer, East Champaran, Motihari, is directed to ensure payment of the amount for which sanction order has already been issued by the respondents-concerned and appropriate bills and requisite formalities is said to be completed. If need be, it goes without saying that on receipt of production of certified copy of this order, the amount shall be credited immediately without creating

4/4 any hindrance and causing any inconvenience to this petitioner keeping in mind that this petitioner is a retired person, who should not be caused with any unwarranted harassment.

6. Accordingly, the writ petition stand disposed off. (Ajit Kumar, J) sharun/- U