Sushila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3840 of 2019 ====================================================== Sushila Devi W/o Late Ashok Kumar Vill.- Bariyarpur, P.s.- Khodawandpur, Distt.- Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors through its Principal Secretary, Bihar Panchayati Raj Department at Patna 2.

The Collector District of Begusarai at Begusarai 3.

The Deputy Development Commissioner District of Begusarai at Begusarai 4.

Block Development Officer Bachhawara, Distt.- Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the State :

Mr. Prabhat Ranjan, AC to GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 13-07-2023 Heard Mr. Binod Kumar, learned counsel appearing on behalf of the petitioner and Mr. Prabhat Ranjan, learned counsel appearing on behalf of the State.

2. The petitioner has filed the present writ petition for following reliefs:

"(i) For giving direction to Respondent to pay family pension.

(ii) For giving direction to Respondent to pay G.P.F.

(iii) For giving to Respondent to pay gratuity.

(iv) For giving direction to Respondent to pay leave encashment."

3. The husband of the petitioner had retired from the post of Panchayat Secretary. It is informed that the substantial payments on account of different heads of retiral

Patna High Court CWJC No.3840 of 2019 dt.13-07-2023 2/3 dues have been paid to the petitioner. The specific statement has been made in Paragraph No. 6 of the supplementary counter filed on behalf of the respondent no. 2 to 4.

4. Learned counsel appearing on behalf of the State informed that certain amount of gratuity has been adjusted on account of remaining due amount of loan which was required to be paid by the petitioner.

5. Learned counsel appearing on behalf of the petitioner submits that petitioner is ready to file a detailed representation in view of fact that the calculation relating to the loan advance taken by the husband of the petitioner and the amount on account of gratuity, which was required to paid to the petitioner and if any substantial amount remains after adjusting the loan amount, the same be paid to the petitioner forthwith.

6. Considering the statement made in Paragraph No. 6 of the supplementary counter affidavit the petitioner, if so advised, in case she is not satisfied with the payments as has been shown on different heads to have been paid to the petitioner, she may file a detailed representation before the District Panchayati Raj Officer, Begusarai, who will ensure payment on account of remaining dues along with up to date statutory interest within a period of six weeks. In case, he does

Patna High Court CWJC No.3840 of 2019 dt.13-07-2023 3/3 not abide by this order to take appropriate steps within the aforesaid period, the petitioner is at liberty to take appropriate action against the District Panchayat Raj Officer in accordance with law.

7. With the above observations and directions, the present writ petition stands disposed of.

(Purnendu Singh, J) Manish/- Minu/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.07.2023 Transmission Date NA