Kumkum Rani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17955 of 2018 ====================================================== Kumkum Rani W/o Late Dhananjay Kumar C/o Abhishek Kumar C-1/500, Chitrakoot Vaishali Nagar, P.S. Vaishali Nagar Jaipur, District- Jaipur, Rajasthan PIN- 302021.

... ... Petitioner

Versus

1.

The State Of Bihar through Principal Secretary, Building Construction Department, Bihar Patna 2.

Secretary Building Construction Department Vishwavesaraiyya Bhawan, Bailey Road, Patna.

3.

Additional Secretary Building Construction Department Vishwavesaraiya Bhawan, Bailey Road, Patna.

4.

Deputy Secretary Secretary Building Construction Department Vishwavesaraiya Bhawan, Bailey Road, Patna 5.

Chief Engineer North Building Division Vishwavesaraiya Bhawan, Bailey Road, Patna.

6.

Executive Engineer Building Division, Bettiah West Champaran. 7.

Director General Provident Fund , Pant Bhawan, Bailey Road, Patna. 8.

District Provident Fund officer, Bettiah.

9.

Collector, West Champaran District Bettiah.

10.

B.D.O. Lauria Block, West Champaran.

11.

B.D.O. Nautan Block, West Champaran.

12.

B.D.O. Thakraha Block, West Champaran.

13.

B.D.O. Bhitahan Block, West Champaran.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajni Kant Jha For the Respondent/s :

Mr.Raj Ballabh Prasad Yadav -AAG11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-05-2019 Matter has been listed today in the Summer Vacations as the learned Counsel for the petitioner was desirous for consideration of his case during vacation.

The slip for listing was filed pursuant to notice dated 8th May, 2019, published prior to the Vacation.

Patna High Court CWJC No.17955 of 2018(2) dt.20-05-2019 2/3 The matter is, accordingly, taken up for consideration as both parties are present and willing to assist the Court for disposal of the matter.

The short submission of the petitioner's Counsel is that the petitioner's husband superannuated as Junior Engineer, Building Division, Bettiah, Building Construction Department on 31.12.1999. It is her case that he passed away on 27.6.2017 and that in spite of communication issued from the Deputy Secretary to the Government of Bihar in Building Construction Department, respondent No. 6, till date, has not taken any action for ensuring payment of admissible retiral dues on account of family pension and other admissible dues. The final decision on the admissibility has to be taken by respondent No. 6 as per the said communication dated 14.6.2018 bearing Memo No. 5887. There is no adjudication to be done by this Court. Therefore, parties are in agreement that respondent No. 6 be directed to take a final decision in the matter and ensure payment of admissible dues on account of all heads under the post retiral benefits.

In view of the submission of the parties, respondent No. 6 is directed to take a final decision on the communication dated 14.6.2018 bearing Memo No. 5887, issued from the

Patna High Court CWJC No.17955 of 2018(2) dt.20-05-2019 3/3 Building Construction Department within a period of eight weeks from the date of receipt/production of a copy of this order. Let respondent No. 6 ensure payment of dues found admissible within a period of one month thereafter. The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U