Bela Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15874 of 2017 ====================================================== Bela Devi W/o-Late Indrabhushan Singh, R/o Village + P.O.-Shalpur, P.S.- Gopalpara, District-Madhepura.

... ... Petitioner

Versus

1.

The State Of Bihar through its Chief Secretary, Old Secretariat, Bihar, Patna 2.

The Finance Commissioner, Bihar, Old Secretariat, Patna. 3.

The Accountant General Bihar. Patna.

4.

The Collector, Saharsa.

5.

Director, G.P.F., Pant Bhawan, Patna.

6.

District Provident Officer,Sajarsa.

7.

Block Development Office, Pathar Ghat, Saharsa. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Mallika Mazumdar, Advocate For the State :

Mr. Manish Kumar , AC to AAG 6 For Accountant General :

Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-05-2020 Heard Ms. Mallika Mazumdar, learned counsel for the petitioner, Mr. Manish Kumar, leaned Assistant Counsel to Additional Advocate General No. 6 for the State and Mr. Binod Kumar Labh, learned counsel appearing on behalf of the Accountant General.

The petitioner has filed the present writ application for payment of death-cum-retiral dues of the husband of the petitioner, while working as Upper Division Clerk in Sahara Collectorate, he died on 13.04.2014. The petitioner being the widow is entitled to family pension and all death-cum-retiral

Patna High Court CWJC No.15874 of 2017(2) dt.22-05-2020 2/3 dues notwithstanding the fact that the death of her husband occurred in 2014 for six long years, no payment of death-cumretiral dues was made. The present writ petition was filed on 3rd November 2017 after service of two advance copies thereof on the office of the Advocate General but no counter affidavit has been filed.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has not been paid deathcum-retiral dues and on account of the financial constraints, the petitioner is on the verge of starvation.

Leaned counsel appearing on behalf of the Accountant General on instruction submits that the office of the Accountant General has not received any document from the Department regarding sanction of family pension as well as payment of death-cum-retiral dues.

Considering the fact that the husband of the petitioner died on 13.04.2014, the writ application is disposed of with a direction to the Collector, Saharsa (respondent no. 4) to ensure payment of the entire death-cum-retiral dues within a period of one month from today failing which the entire arrears will carry interest at the rate of 9% per annum which shall be

Patna High Court CWJC No.15874 of 2017(2) dt.22-05-2020 3/3 borne by the respondents from their own pocket. The Collector, Saharsa, is hereby directed to fix accountability on the erring officials for the lapses in delay payment of death-cum-retiral dues to the petitioner.

With the aforesaid, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U