Smt. Prabhawati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17118 of 2017 ====================================================== Smt. Prabhawati Devi Wife of Late Sudarshan Tiwari, Resident of Village Bhuropur, P.O. Pawai, District Aurangabad at present resident of Mohalla New Area, Shekhar Press, P.O., P.S. and District Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

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

3.

The Director, Secondary Education, New Secretariat, Patna. 4.

The District Magistrate, Gaya.

5.

The Treasury Officer, Gaya.

6.

The Accountant General, Birchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhilesh Kumar Sinha, Adv.

For the Respondent/s :

Mr.Madanjeet Kumar -Gp20 For Respondent No.6 :

Mr. Ramyash Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-11-2019 The present writ petition has been filed seeking the following reliefs:- (I) For issuance of writ of mandamus direction the respondent authority who has been illegally fixed the family pension to the petitioner by which, she has paid lessor amount from the bank in comparison of the new revise pay scale of the deceased employee. At present she is getting family pension Rs. 11,400.00 per month from the State Bank of India instead of actual pension should be paid to him Rs. 15,363.00 since the date of the deceased employee i.e. 30.12.2011. (ii) To issue writ of mandamus for directing to the respondent authority to revise her family pension at the enhance new pay scale of VI &

Patna High Court CWJC No.17118 of 2017(4) dt.06-11-2019 2/2 VIIth pay Commission and pay him to all arrears with all consequential benefit accrue from her family pension due date of payment till the final date of payment and its consequential entire retiral dues with interest to the petitioner. (iii) To issue any relief/ relief, order/ direction with is your lordship may deem fit and proper. The learned counsel for the petitioner submits that the petitioner would be satisfied in case she is granted a liberty to file representation before the respondent no.2 and the respondent no.2 may be directed to dispose of the representation of the petitioner within a specified time frame.

Accordingly, it is directed that the petitioner shall file a representation before the respondent no.2 regarding her grievances raised in the writ petition, as aforesaid, within a period of two weeks from today whereupon the respondent no.2 shall dispose of the same within a period of four weeks thereafter.

The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U