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Patna High CourtL.P.A/635/2017dismissed

Nandini Devi v. The State Of Bihar And ANR

2018-04-18Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.635 of 2017 In Civil Writ Jurisdiction Case No.6173 of 2014 ====================================================== Nandini Devi, aged about 64 years, Widow of Late Rajeshwar Prasad, Resident of Village- Akhtiyarpur, P.O.- Chandwa, P.S.- Udwant Nagar, District Bhojpur.

... ... Appellant/s

Versus

1. The State of Bihar, through Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.

2. The Commissioner, Ara Municipal Corporation, Ara, District Bhojpur. ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Subroteshwar De, Advocate For the Respondent AMC:

Mr. Bishwa Bibhuti Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 18-04-2018 Heard counsel for the appellant and counsel for the respondent Ara Municipal Corporation.

Counsel for the appellant has failed to satisfy us that the rules provide for family pension after the death of the employee. No doubt, so far as pension to the employee is concerned that already stands settled by making payment. The Court cannot read more into the provisions than what is provided for.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Pawan/- U