Indu Sinha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2628 of 2015 ====================================================== Indu Sinha Wife of Late Nityanand Singh Resident of Village - Sharifa, P.O- Karhariya, P.S- Bath, District - Bhagalpur. .... .... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Departament of Health , Bihar, New Secretariate, Patna.
2. The Director, Health Services, Government of Bihar, Patna.
3. Zila Deshi Chikitsa Padadhikari, Khagaria.
4. The District Magistrate, Khagaria.
5. The Treasury officer, Khagaria.
6. The Accountant General, Bihar, Patna .... .... Respondents ====================================================== Appearance :
For the Petitioner : Mr. Prabhat Ranjan Singh, Advocate For the State : Mr. S.K. Sharma, GA 1 For the Accountant General: Mr. Ajeet Kumar, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 22-07-2015 I have heard learned counsel for the petitioner, the State and the Accountant General.
The writ petition was filed for a direction to the respondents for payment of pension and other retiral dues as well as revision of pension and other dues after fixation of pay on 6th Pay Revision and also for grant of ACP/MACP. At the time of hearing, learned counsel for the State has informed that everything has been paid except the difference of pension and other retiral dues in view of 6th Pay Revision.
So far the aforesaid dues are concerned, it is stated that a decision has been taken to pay the same after necessary
Patna High Court CWJC No.2628 of 2015 (4) dt.22-07-2015 allotment is received for the financial year 2015-16. Learned counsel for the State produces a statement of fact signed by the District Indigenous Medical Officer, Khagaria which shows that Rs. 4,64,539/- has been paid to the petitioner on 08.05.2015. The petitioner does not dispute the aforesaid amount having been paid to her. However, it is contended that the calculation chart has not been provided to the petitioner, therefore, she is not in a position to say as to whether the entire dues have been paid to her or not. Vide another letter dated 19.06.2015 written by the aforesaid officer of the State produced at the time of hearing it appears that a request has been made for allotment of fund for payment of rest of the dues of the petitioner. Both the documents filed by learned counsel for the State are taken in record.
In view of the aforesaid development, this writ petition is being disposed of with a direction to the Principal Secretary, Department of Health, Government of Bihar, to take necessary step for allotment of fund so that the entire dues of the petitioner could be paid within a period of eight weeks.
Let a chart showing calculation with respect to the
Patna High Court CWJC No.2628 of 2015 (4) dt.22-07-2015 petitioner under different heads be also supplied to her. In case some dispute remains the petitioner would be at liberty to approach the District Indigenous Medical Officer, Khagaria, i.e., respondent no. 3, by filing a representation which should be resolved by him in accordance with law within a reasonable period.
(Dr. Ravi Ranjan, J) SC/- U