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Patna High CourtCWJC/21474/2018disposed

Dinesh Prasad @ Dinesh Pd. v. The State Of Bihar

2020-07-09Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21474 of 2018 ====================================================== Dinesh Prasad @ Dinesh Pd. Son of Late Radha Prasad Resident of VillageChhotka Hurka, P.S.- Darihat, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Social Welfare, Government of Bihar, Patna.

2.

The Principal Secretary Department of Social Welfare, Government of Bihar, Patna.

3.

The Director Integrated Child Development Scheme (I.C.D.S.), Bihar, Patna. 4.

The Commissioner Patna Division, Patna.

5.

The District Magistrate Rohtas.

6.

The District Programme Officer Rohtas.

7.

The Chief Development Project Officer (C.D.P.O.) Dehri-on-Sone, DistrictRohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the State :

Mr. S.K. Mandal, SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 09-07-2020 This matter has been taken up through video conference.

2. The writ petition has been filed for "issuance of an appropriate Writ in the nature of Mandamus, commanding the respondents to make payment of arrear honorarium of the wife of the petitioner, who died on 5.8.2017 with statutory and penal interest and also for issuance of command/commands, direction/directions, Order/Orders for payment of 4 lacs compassionate aid to the petitioner as per letter dated 29.3.2016, issued by Principal Secretary, Social Welfare

Patna High Court CWJC No.21474 of 2018 dt.09-07-2020 2/3 Department, Bihar."

3. Learned counsel for the petitioner states that the compensation amount of Rs. 4,00,000/- (Rs. four lacs) has since been paid and so also the honorarium upto 11.07.2017. The only grievance remaining is that the honorarium has not been paid for the period after 11.07.2017 upto 05.08.2017, the date of death of the petitioner's wife. Liberty is therefore sought to file a representation before the concerned authority for payment of the remaining amount of honorarium, as aforesaid.

4. Learned counsel for the State submits that the matter of payment of honorarium is to be considered by the Department of Social Welfare, Govt. of Bihar.

5. Having heard the parties, the writ petition is disposed of, granting liberty to the petitioner to file an appropriate representation before Director, Integrated Child Development Scheme (I.C.D.S.), Bihar, Patna (respondent no.3). If any such representation is filed within a period of two weeks hereof, the same shall be considered and disposed of on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner expeditiously and in any event preferably within a further period of twelve weeks thereafter.

Patna High Court CWJC No.21474 of 2018 dt.09-07-2020 3/3

6. It is also made clear that in view of the ongoing lockdown and Covid-19 pandemic, any correspondence between the parties may be made through email and that the concerned authority shall be at liberty to hear the petitioner through video conference. To enable the same, the petitioner shall furnish his mobile number and e-mail ID to learned SC-3 not later than by Monday 13.07.2020, for its onward transmission to the concerned authority.

(Vikash Jain, J) HR/- AFR/NAFR NAFR CAV DATE N/A Uploading Date

10. 07.2020 Transmission Date