Most Usha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11096 of 2017 ====================================================== Most Usha Devi widow of late Bharat Ram Resident of Mohalla- Mirganj water Tower, Post Office Nawada, Police Station and District- Ara. ... ... Petitioner

Versus

1.

The State Of Bihar through its Principal Secretary to the Government, P.H.E.D., Bihar, Patna, Bisheshwaraiya Bhavan, Bailey Road, Patna. 2.

The Engineer-in-Chief, Public Health Engineering Department, Visheshwaraiya Bhawan, Bailey Road, Patna 3.

The Chief Engineer, Mechanical, P.H.E.D., Bihar, Patna, Bisheshwaraiya Bhavan, Bailey Road, Patna 4.

The Superintending Engineer, Public Health Mechanical Circle, Patna. 5.

The Executive Engineer, P.H. Mechanical Division, Sasaram. 6.

The Accountant General, Bihar Veerchand Patel Marg, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalan Kumar Singh For the Respondent/s :

Mr.Arvind Ujjwal-Sc4 For the Accountant General: Mr. Prabhat Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the parties.

Following relief has been sought for in paragraph 1 of the present writ application on behalf of the petitioner: '1. That by this writ application the petitioner seeks indulgence of this Hon'ble Court for issuance of an appropriate writs or directions commanding the respondent to consider and grant

Patna High Court CWJC No.11096 of 2017(3) dt.21-05-2020 2/3 the family pension and with all retiral dues and also with all consequential benefits of service in the light of the law settled in the case of Sheela Devi by the Hon'ble Court in pursuance to the Bihar Pension Rules."

Mr. Arvind Ujjwal, S.C.-4 appearing for the State submits that an amount of Rs. 15,225/- under the head Group Insurance vide Memo No. 75 dated 22.09.2009 and an amount of Rs. 6,755/- under the head Leave Encashment vide Memo No. 752 dated 25.09.2017 have been sanctioned and further vide Memo No. 759 dated 05.10.2017, a letter has been sent to the Accountant General for authorization of Pension and Gratuity. Learned counsel for the Accountant General submits that family pension and D.C.R.G has been authorized vide Memo No. PEN 171017036078/201712032038PO/GO and vide letter no. 914 dated 31.08.2018, a letter has already been written to the Executive Engineer, P.H.E.D. to examine the case of the petitioner in the light of averments made in the writ petition and communicate if any further dues is there.

Considering the submissions made on behalf of the respondents, the present writ application stands disposed of with a direction to the concerned authority to make necessary payments of the retiral dues to the petitioner within a period of three months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.11096 of 2017(3) dt.21-05-2020 3/3 With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U