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Patna High CourtCWJC/1290/2021disposed

Poonam Rani Singh v. The State Of Bihar

2021-06-21Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1290 of 2021 ====================================================== Poonam Rani Sinha, Wife of Late Dr. Mithilesh Kumar Sinha, Resident of at Opposite Block office, Hisua, P.O. and P.S. Hisua, District Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director, Secondary Education, Education Department, Govt. of Bihar, Patna.

3.

The Regional Deputy Director of Education, Magadh Division, Gaya. 4.

The District Education Officer, Nawada.

5.

The District Programme Officer (Establishment), Nawada. 6.

The District Provident Fund Officer , Nawada. 7.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Ram Sagar Singh, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 21-06-2021 Learned counsel for the petitioner submits that there is typographical error in the cause title of the petitioner in the petition itself, as instead of Punam Rani Sinha, it has been typed as Punam Rani Singh.

Considering the prayer made by the learned counsel for the petitioner, the office is directed to make necessary correction in the name of the petitioner as Punam Rani Sinha. Heard learned counsel for the petitioner and the respondents.

Patna High Court CWJC No.1290 of 2021 dt.21-06-2021 2/3 The petitioner is widow. Her husband received State and National Teachers award. He died on 27.01.2020. After death of the husband of the petitioner, she has approached this Court for payment of death-cum-post retiral dues.

Unfortunately no counter affidavit has been filed by the respondents.

In a case, like present one, there is no justification to keep the matter pending. The widow cannot be made to suffer for non-payment of death-cum-post retiral dues for infinitum. Learned counsel for the petitioner submits that even the provident fund and other death-cum-post retiral dues have not been paid, despite sanction.

In the aforesaid circumstance, the Court is constrained to dispose of the writ application with a direction to the concerned respondents [District Education Officer, Nawada, District Programme Officer (Establishment), Nawada and District Provident Fund Officer, Nawada] to ensure payment of all death-cum-post retiral dues to the petitioner within a period of six weeks from today, failing which the petitioner shall be entitled to payment of interest at the rate of 20% per annum from the date of filing of writ application i.e. 13.01.2021 till the date of actual payment.

Patna High Court CWJC No.1290 of 2021 dt.21-06-2021 3/3 With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.06.2021 Transmission Date NA