Smt. Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7159 of 2021 ====================================================== Smt. Sarita Devi Wife of Late Chandra Mohan Singh Resident of villagePure Chhapra, P.o.- Sonoho Bhatha, P.s.- Parsa, District- saran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of the Panchayati Raj, Old secretariat, Govt. of Bihar, Patna 2.

The District Magistrate, Saran at Chapra 3.

The Block Development Officer, at Baniyapur, Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.S.P. Yadav For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic. State counsel accept notice for respondent nos. 2 and 3. Petitioner's counsel to serve copy of the petition to the State counsel, if it is not already served.

Petitioner is legal heir of late Chandra Mohan Singh. Respondent Nos. 2 and 3 were required to be setright the petitioner's grievance stated in the representation and so also claim in the present petition (Item No. i to vii). Both respondent nos. 2 and 3 are hereby directed to examine the service particulars of the deceased, late Chandra Mohan Singh and analyze the material information and proceed to grant aforesaid relief sought

Patna High Court CWJC No.7159 of 2021 dt.09-02-2022 2/2 by the petitioner. If the petitioner is not entitled to the monetary benefits or any of the benefits in that event necessary speaking order shall be passed as to why petitioner-legal heir of the deceased employee is not entitled to monetary benefits. If petitioner is eligible in that event, arrears shall be calculated and disbursed to the petitioner along with interest @ 8% per annum in the light of Apex Court's decision in the case of Vijay L. Mehrotra Vs. State of U.P. & Ors. reported in (2001) 9 Supreme Court Cases 687 (Para 2 to 4). Above exercise shall be completed within a period of two months from the date of receipt of this order, failing which petitioner is entitled to litigation cost and it is quantified @ Rs. 25,000/-.

With the aforesaid observations, the instant petition stands disposed of.

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