Vimla Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14604 of 2016 ======================================================

1. Vimla Devi, Widow of Late Guna Nand Das, Resident of Village - Ratupar, Post Office - Tajpur, Police Station - Rudrapur, District - Madhubani .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Department, Bihar, Patna.

2. The District Programme Officer, Madhubani.

3. The District Education Officer, Madhubani.

4. The Head Master, Middle School Behat, Goth (North), Police Station - Jhanjharpur, District - Madhubani .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Prabhas Ranjan, Adv. For the Respondents : Mr. Prabhat Ranjan Singh, AC to AAG XV ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The grievance of the petitioner in this present writ application is with regard to non-payment of difference of arrears of salary payable to the husband of the petitioner on account of 6th pay revision from 01.07.2006 to 11.10.2011.

Despite the fact that the present writ application filed after two advance copies of the writ application in the office of the Advocate General 23.08.2016 facilitating to file the counter affidavit, but, neither the counter affidavit was filed by the respondents nor the grievance of the petitioner was redressed. Under the aforesaid circumstances, instead of

Patna High Court CWJC No.14604 of 2016 (2) dt.06-02-2018 2/2 keeping the matter pending the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Madhubani, to take appropriate step to ensure payment of different of arrears of salary, admissible to the husband of the petitioner on account of 6th pay revision, which is effective from 01.07.2006 till the date of death of the husband of the petitioner on 11.10.2011. Such decision must be taken by the respondent-District Programme Officer (Establishment), Madhubani, within a maximum period of sixty days, from the date of receipt/production of a copy of this order.

In the event the respondent fails to ensure payment of the difference of arrears of salary on account of 6th pay revision within the aforesaid period, the entire arrears of difference of salary would carry interest at the rate of 9% till the date of actual payment and the same would be paid by the erring official(s) from his/their own pocket.

(Anil Kumar Upadhyay, J) SA/- U