Mosmat Vimla Devi v. Shri Rajeev Mehrishi Chief Secretary, Home Affairs, New Delhi And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1272 of 2017 In Civil Writ Jurisdiction Case No.17148 of 2012 ====================================================== Mosmat Vimla Devi Wife of Late Arunjay Mandal, resident of villageFatehpur, Sub-Division- Jhajha, Police Station- Jhajha, District- Jamui Bihar. ... ... Petitioner/s
Versus
1. Shri Rajeev Mehrishi Chief Secretary, Home Affairs, New Delhi and Ors Son of not known Chief Secretary, Home Affairs, New Delhi.
2. Dr. Nasim Zaidi, Son of (not known), the Central Election Commissioner, Nirwachan Sadan, New Delhi.
3. The State of Bihar through chief Secretary Sri Anjay Kumar Singh, son of (not known), Govt. of Bihar, Patna.
4. Sri Anjani Kumar Singh, Son of (not known), the Chief Secretary, Govt. of Bihar, Patna.
5. Dr. Dharmendra Singh Gangwar, son of (not known) the Principal Secretary, Home Affairs, Govt. of Bihar, Patna.
6. Sri Kaushal Kishore, Son of (not known), the District Magistrate, Jamui, Bihar.
7. Md. Soyeb, District Panchayati Raj Officer, Jamui, Bihar.
8. Sri Meer Salauddin, the Block Development Officer, Jhajha, Jamui, Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Mr.Prabhat Kumar Verma - Aag 3 Mr. Suman Kumar Jha, AC to AAG-3 For the UOI :
Mr. Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Considering the statements made in paragraph nos. 7 to 10 of the show cause, which are quoted below, the Court is not inclined to proceed any further. If the petitioner has any grievance, liberty shall be available to the petitioner to approach the appropriate authority/forum in accordance with law.
Patna High Court MJC No.1272 of 2017(3) dt.21-02-2019 2/3 "7. That thereafter petitioner filed CWJC No. 17148 of 2012 which was disposed off on 16.3.2016 directing the D.M. Jamui to examine the claim of the petitioner and if she qualified for payment of Rs. 3 lakhs that shall be sanctioned and paid to the petitioner. It would not be out of place to mention here that O.P. No. 7 has already written for allotment as is evident from Annexure-III given herein above but till date no allotment has been received from Central Govt. Inspite of it the present D.M., again in quick compliance of the Hon'ble Court's order passed on 16.3.2016 and also in the light of Sankalp No. 5200 dated 7.6.
2017 allowed payment of two lacs compassionate amount to the petitioner (Dependant of deceased) and a copy of the payment order was also sent to Secretary, Home Department (Special), Bihar, Patna to issue allotment, so that the payment may be made to the petitioner at its earliest. The aforesaid fact is evident from the Annexure given below: A true photo copy of D.M.'s order dated 11.7.2017 is annexed herewith and marked as Annexure-D to this show cause.
8. That it is further submitted that the B.D.O. Jhajha sought guidelines from D.M. Jamui as to from which head payment of 2 lacks be made to the petitioner. A True photo copy of letter No. 850 dated 12.8.2017 is annexed herewith and marked as Annexure-E to this show cause.
9. That thereafter D.M. directed the B.D.O. Jhajha
Patna High Court MJC No.1272 of 2017(3) dt.21-02-2019 3/3 to make immediate payment of 2 lacks to the petitioner from any head available at Block level. Photo copy of letter No. 1237 dated 29.8.2017 is annexed herewith and marked as Annexure-F to this show cause.
10. That in the light of D.M.'s direction B.D.O. Jhajha made immediate payment of 2 lacks to the petitioner and she has already received it which is evident from Annexure given below. A true photo copy of payment receipt is annexed herewith and marked as Annexure-G to this show cause."
With the aforesaid, the application stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U