Gyanmala Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17076 of 2018 ====================================================== Gyanmala Devi W/o Late Shanker Paswan, Ex-Constable Bihar Military Police Resident of Vill- Jairampur, P.S.-Bihpur, Distt.-BHagalpur at Present address D/o Kailash BHartiya, Bikrampur, P.S.-Bihpur, Distt.-BHagalpur. ... ... Petitioner

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Director General Cum Inspector General of Police, Bihar Patna. 3.

The Inspector General (Personnel) Bihar Patna. 4.

The Commandant, Bihar Military Police 9, Jamalpur Munger. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Narendra Kumar Singh, Advocate For the Respondents :

Mr.Md. Ndeem Seraj - GP5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 08-06-2020 Heard learned counsel for the parties.

Writ petition has been filed for directing the respondents to pay the petitioner retiral benefits such as leave encashment gratuity, group insurance, provident fund, family pension and any other benefits admissible to her. Petitioner is widow of delinquent deceased employee Late Shanker Paswan who was a constable in Bihar Military Police. In paragraph 7 of the writ petition, the petitioner has stated that her husband died on 22.8.2013 and even after lapse of more than five years, she has not been paid her admissible retiral benefits.

Mr. Md. Nadeem Seraj, learned GP 5 appears for

Patna High Court CWJC No.17076 of 2018 dt.08-06-2020 2/3 the State. Counter affidavit has been filed on behalf of respondent no.4. In paragraph 30 of the counter affidavit, it is stated that the earned leave encashment benefit has been granted to the petitioner by the concerned office for which she has also supplied her bank Account number. In paragraph 31 thereof, it has been stated that regarding other benefits, i.e., gratuity, insurance maturity amount etc., processing is under way and the same is expected to be completed within three months.

In view of the averments made in the counter affidavit, let respondent no.4 ensure payment of aforesaid retiral benefits to the petitioner within a period of three months from the date of receipt/production of a copy of this order.

Needless to state that if the petitioner has any other grievance, she may file a comprehensive representation to the respondent no.4 within three months from today. In the event such representation is filed, respondent no.4 would dispose of the same by a reasoned and speaking order within a period of further two months. On disposal of representation, if any further amount is found to be due, the same would be paid to the petitioner within

Patna High Court CWJC No.17076 of 2018 dt.08-06-2020 3/3 the said time frame of two months.

With the aforesaid direction, the writ petition is disposed of.

vinita/- (Prabhat Kumar Singh, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 9.6.2020 Transmission Date