Gondi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6321 of 2019 ====================================================== Gondi Devi Wife of Late Ram Naresh Paswan Resident of Village-Baghi, P.S.-Lohia Nagar, O.P. and District-Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Vikas Bhawan, Baily Road, Patna.

2.

Director, Primary and Secondary Education, Department of Education, Government of Bihar, Vikas Bhawan, Baily Road, Patna. 3.

District Education Officer, Department of Education, Government of Bihar, Begusarai.

4.

District Programme Officer, Department of Education, Government of Bihar, Begusarai.

5.

District Education Officer, Begusarai.

6.

Regional Deputy Director of Education, Begusarai. 7.

Area Education Officer, Ballia (Begusarai) 8.

District Provident Fund Officer, Begusarai.

9.

Head Master, Government Middle School, Muzaffra, Bhagwanpur, Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kishore Kumar Thakur For the Respondent/s :

Mr.Kameshwar Kumar (GP17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-06-2020 Heard Mr. Kishore Kumar Thakur, learned counsel for the petitioner and Mr. S. K. Ranjan, for the State. The petitioner, who is the widow of the deceased employee, seeks direction to the respondents/authorities to make available to her family pension and other post-retiral dues of her late husband which have hitherto not been paid. However, during the pendency of the writ petition, some

Patna High Court CWJC No.6321 of 2019(4) dt.17-06-2020 2/3 amount of the post-retiral dues of the late husband of the petitioner has been paid. In fact, the family pension of the petitioner also has been continued. However, some of the post-retiral dues are still left to be paid.

The arrears of the family pension because of the enhanced pay also has not been paid to the petitioner. Considering this aspect of the matter, the petitioner is directed to make a suitable representation before the Director, Primary and Secondary Education, Department of Education, Government of Bihar, Patna (Respondent No. 2) within a period of eight weeks, clearly intimating the amount which is required to be paid to the petitioner under various heads. On receipt of such representation / application, the Respondent No. 2 shall look into the matter, have the facts verified and in case the claim of the petitioner is found to be tenable, shall pass necessary orders in accordance with law making available to the petitioner her legitimate dues.

In case any claim of the petitioner is not maintainable, that fact also shall be communicated forthwith

Patna High Court CWJC No.6321 of 2019(4) dt.17-06-2020 3/3 to the petitioner. The Respondent No. 2 shall also be under an obligation to have the petitioner provided with a chart as to her entitlement and the claims which cannot be processed. This order shall be passed within eight weeks of the receipt of such representation.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U