Abdullah Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3768 of 2016 ====================================================== 1.a. Asgari Khatoon, Widow of late Abdullah Khan Resident of Village- Rani Sagar, Post Office- Rani Sagar, Police Station- Shahpur, District- Bhojpur. 1.b. Mustari Khatoon, Daughter of of late Abdullah Khan, Resident of VillageRani Sagar, Post Office- Rani Sagar, Police Station- Shahpur, DistrictBhojpur. 1.c. Mohammad Nuroollah Khan@ Noorullah Khan, Son of late Abdullah Khan, Resident of Village- Rani Sagar, Post Office- Rani Sagar, Police StationShahpur, District- Bhojpur. 1.d. Majda Khatoon, Resident of Village- Rani Sagar, Post Office- Rani Sagar, Police Station- Shahpur, District- Bhojpur.

1.e. Shakra Khatoon, D/o of late Abdullah Khan, Resident of Village- Rani Sagar, Post Office- Rani Sagar, Police Station- Shahpur, District- Bhojpur. 1.f.

Shafeeqa Khatoon, D/o of late Abdullah Khan, Resident of Village- Rani Sagar, Post Office- Rani Sagar, Police Station- Shahpur, District- Bhojpur. 1.g. Atika Khatoon, D/o of late Abdullah Khan, Resident of Village- Rani Sagar, Post Office- Rani Sagar, Police Station- Shahpur, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Director General of Police, Bihar, Patna 2.

The Principal Home Secretary, Bihar, Patna.

3.

The Director General of Railway Police, Bihar at Patna. 4.

The S.P. Railway, Jamalpur.

5.

The S.P. Bhagalpur.

6.

The S.P. Bhojpur.

7.

The D.I.G. of Police, Shahabad Range, Dehri-On-Sone, Rohtas. 8.

Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ataul Haque, Advocate For the Respondent/s :

Mr. Dinesh Maharaj, Advocate For the AG : Mr. Kumar Priya Ranjan, Advocate Mr. Pallav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2019 Heard learned counsel for the parties.

This writ application has been filed seeking direction

Patna High Court CWJC No.3768 of 2016(6) dt.20-08-2019 2/3 to the respondents to grant the original petitioner (since deceased), the benefits of 2nd Assured Career Progression (ACP) and 3rd ACP with all monetary benefits. Direction for allowing the benefits of 6th Pay Revision has also been sought for. The original writ petitioner Abdullah Khan had retired as Assistant Sub-Inspector of Police, who died during pendency of the writ application and has been duly substituted by his wife, the present petitioner.

Counter affidavits have been filed on behalf of respondent-State of Bihar and the Accountant General (A&E), Bihar. It is their consistent stand that the petitioner has been paid all the benefits of 2nd ACP, 3rd ACP and 6th Pay Revision with admitted consequential benefits. My attention has been drawn to an authority slip issued by the office of the Accountant General dated 05.07.2019 whereby payment of revised pension of gratuity has been authorised.

Learned counsel for the petitioner has submitted that he has not received any instructions from the petitioner in recent past. He, however, submits that in view of the stand taken on behalf of the writ petitioner, this application can be disposed of with liberty to the petitioner to raise her grievance before the appropriate authority, in case, according to him, any amount

Patna High Court CWJC No.3768 of 2016(6) dt.20-08-2019 3/3 payable to her has remained pending.

Considering the above, this writ application stands disposed of with the liberty, as sought for on behalf of the petitioner.

(Chakradhari Sharan Singh, J) Rajesh/- U