Mahangi Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16274 of 2017 ====================================================== Mahangi Devi Wife of Yunu Ram, Resident of Village-Gajadharganj Buxar, Police Station-Gajadharganj Buxar, District-Buxar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Finance Department, Government of Bihar, Patna 3.

The Principal Secretary, Urban Development Department, Government of Bihar, Patna.

4.

The District Magistrate,Buxar.

5.

The Deputy Development Commissioner, Buxar.

6.

The Chairman, Nagar Parishad, Buxar.

7.

The Chief Executive Officer, Nagar Parishad, Buxar. 8.

The Regional Director, Provident Fund Oficer, Employees provident Fund Organisarion, R-Block, Road 9.

The Assistant Provident Fund Officer, Employees Provident Fund Organisation, R-Block, Road No.6, Pa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagdish Prasad, Advocate For the Respondent/s :

Mr.S.P.Singh -GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 28-05-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant writ application for directing the respondents to make payment of retiral benefits of the petitioner like provident fund amounts deducted from the salary of the petitioner, family pension and other consequential monetary benefits including the dues of the petitioner arising from grant of Assured Career Progression ('ACP' in short) etc,

Patna High Court CWJC No.16274 of 2017 dt.28-05-2020 2/3 while she was in service and other dues admissible under law.

3. At the outset, it is submitted by learned counsel for the petitioner that the instant writ application may be disposed off in terms of the order dated 27.5.2020 passed in C.W.J.C no. 16548 of 2017 (Suraj Basfor vs. the State of Bihar and Ors) which was disposed off with a direction to the Chief Executive Officer, Nagar Parishad, Buxar to pay all the retiral dues of the petitioner within four months from the date of receipt of the order.

4. The case of the petitioner is that while working as Safai Karmchari under Nagar Parishad, Buxar, she retired on 31.8.2012 on attaining the age of 60 years. After retirement the petitioner approached the authorities of the Nagar Parishad several times for payment of her retiral benefits but nothing was paid.

5. A counter affidavit has been filed on behalf of the respondent no. 2, another counter affidavit has been filed on behalf of the respondent no. 7 and a separate counter affidavit has been filed on behalf of the respondent nos. 8 and 9. As per counter affidavit filed on behalf of the Chief Executive Officer, Nagar Parishad, Buxar the petitioner has been paid all the admissible benefits up to December 2017. She has been paid gratuity in the revised pay scale and all admissible retiral dues

Patna High Court CWJC No.16274 of 2017 dt.28-05-2020 3/3 has been paid save and except the amount of provident fund.

6. Having heard learned counsel for the parties, this writ application is disposed off in terms of the order dated 27.5.2020 passed in C.W.J.C. no. 16548 of 2017 (Suraj Basfor vs. the State of Bihar and Ors). The Chief Executive Officer, Nagar Parishad, Buxar is directed to pay all the retiral dues of the petitioner within a period of four months from the date of receipt of this order and if any amount is found not payable, reasons thereof shall be communicated to the petitioner in writing within the aforesaid period.

7. The writ application stands disposed off with the aforesaid directions.

(Partha Sarthy, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date