Sudha Bhushan v. The T.M. Bhagalpur University, Bhagalpur

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1346 of 2022 ====================================================== Sudha Bhushan W/o Late Dr. (Prof.) Lala Indu Bhushan, R/o (Permanent)- C/o Dr. Himanshu Bhushan, Hanuman Kuti, Das Lane, East Lohanipur, P.S.- Kadamkuan, District- Patna, presently residing at C/o Phanibhai L Bhushan, 1/353, Talvani Road, Opp. Bus Stand. Bhairavparu, Lakhtar, Surendra Nagar, Gujrat- 38277.

... ... Petitioner/s

Versus

1.

The T.M. Bhagalpur University, Bhagalpur through its Registrar. 2.

The Vice- Chancellor, T.M. Bhagalpur University, Bhagalpur. 3.

The Finance Officer, T.M. Bhagalpur University. 4.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

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

For the Petitioner/s :

Mr. Avanindra Kumar Jha, Advocate For the Respondent/s :

Mr. Jai Prabhat Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-02-2024 Heard Mr. Avanindra Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Jai Prabhat Kishore, learned counsel for the State.

2. The petitioner, is claiming herself to be wife of late Prof. (Dr.) Lala Indu Bhushan, who superannuated on 31.07.1997, while working as University Professor in the Post Graduate Department of Psychology, T. M. Bhagalpur University, Bhagalpur, has filed the present writ petition seeking a direction upon the respondent University to grant 20 % additional family pension to the petitioner from 26.05.2020 (the

Patna High Court CWJC No.1346 of 2022 dt.08-02-2024 2/3 date of sanction of family pension to the petitioner), on which date, the petitioner had attained 80 years and more. The petitioner also sought a further direction upon the respondent concerned to make the calculation of arrears of family pension of the petitioner from 26.05.2020 to till date, and ensure the payment of the same.

3. It is submitted on behalf of the petitioner that the issue with regard to the 20 % of additional family pension to the employees has already been set at rest by this Court, in the case of Nand Kishor Singh Vs. The State of Bihar & Ors. and analogous cases in CWJC No. 5003 of 2022, disposed of vide order dated 22.12.2023. He thus submits that if the claim of the petitioner would be considered in the light of the aforenoted judgment/order, the grievance of the petitioner would be redressed.

4. Considering the submission made at the bar, the present writ petition stands disposed of, with a direction to the respondent no. 2, to consider the claim of the petitioner, for 20% of additional family pension, in the light of the judgment/order, noted hereinabove, preferably within a period of eight weeks, from the date of receipt/production of a copy of this order and ensure the consequential benefits, if found entitled, within a

Patna High Court CWJC No.1346 of 2022 dt.08-02-2024 3/3 further period of four weeks, in accordance with law.

5. The present writ petition stands disposed of. (Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.02.2024 Transmission Date NA