Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.782 of 2020 ====================================================== Kanti Devi Wife of Late Jiwachh Singh Resident of Village- Baharawa Gachhi, Naya Gawn, P.S.- Naya Gaown, District- Saran, Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Saran, Department of General Administration.

2.

The Superintending Engineer, Public Health Engineering Circle, Chapra Saran.

3.

The Executive Engineer, Public Health Division, Chapra, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deonath Prasad :

Mr.Shailendra Kumar Sinha For the Respondent/s :

Mr.Shailesh Kumar (AC to GP-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-02-2020 The petitioner is widow of one Jiwachh Singh, who is said to have died in harness 07.03.2012, while working as a Class IV employee under Executive Engineer, Public Health Division, Chapra, Saran. She has sought for the following reliefs:- (i) For issuance of a writ in the nature of mandamus or an appropriate writ or writs, commanding/directing the respondents authorities to modify the pay of the husband of the petitioner Rs.2,650-4000/=00 w.e.f. 01.01.1996 in view of F.D.

Patna High Court CWJC No.782 of 2020(2) dt.25-02-2020 2/3 Govt. of Bihar resolution No. 3972 Patna dated 12.05.2016 and thereafter provide 1st A.C.P. in pay scale Rs. 2750-4400 and 2nd A.C.P.

both in pay scale of Rs. 30504590/- w.e.f. 09.08.1999 and also 3rd M.A.C.P. in pay Band of Rs.

5200-20200/=00 grade Pay Rs.

2800/=00 w.e.f. 01.01.2009.

(ii) After granting 1st A.C.P. and 2nd A.C.P. and 3rd M.A.C.P. also pay difference of salary to petitioner.

2. Learned counsel appearing on behalf of the petitioner has drawn my attention to the representations, which have been filed before the District Magistrate Saran, the Superintending Engineer, Public Health Engineering, Circle, Chapra, Saran and the Executive Engineer, Public Health Division, Chapra, Saran.

3. Considering the facts and circumstances of the case as pleaded in the writ application, this application is disposed of with a direction to the Superintending Engineer, Public Health Engineering Circle, Chapra Saran (respondent no. 2) to ensure that a decision is taken on the petitioner's representations dated 12.08.2019 and 22.09.2019 in respect of claim as mentioned therein, which have been brought on record by way of Annexure to the writ application.

Patna High Court CWJC No.782 of 2020(2) dt.25-02-2020 3/3

4. This writ application stands disposed of.

(Chakradhari Sharan Singh, J) AKASH/- U