Shakuntala Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7794 of 2014 ===========================================================

1. Shakuntala Singh, Wife of Late Munishankar Singh, Shankar Bhawan, Tribhuwan Path, Road No. 13, West Patel Nagar, Patna, Post and P.S.- Shastri Nagar, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Agriculture Produce Commissioner, Bihar, Patna

3. Agriculture Director, Agriculture Department, Bihar, Patna

4. Under Secretary of the Government, Agriculture Department, Bihar, Patna

5. The District Agriculture Officer, Rohtas, Sasaram

6. Accountant General, Bihar, Birchand Patel Path, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shubh Narain Singh, Adv. For the Respondent/s : Mr. Prashant Kumar, A.C. to SC-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 06-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2.

The present writ application has been filed by the petitioner to revise and fix the pension of the husband of the petitioner and also to revise and fix family pension of the petitioner. 3.

It is submitted by the learned counsel for the petitioner that the husband of the petitioner superannuated from the post of District Agriculture Officer, Sasaram at Rohtas on 31st August, 1987 and he died on 27th October, 2007. The contention is that his pension fixation was not done correctly by the respondent State as a result of which even after retirement, the family pension of the petitioner has

Patna High Court CWJC No.7794 of 2014 dt.06-03-2017 2/2 been fixed at a reduced rate.

4.

Learned counsel for the State submitted that the case of the petitioner is under consideration and the same is likely to take four months time as the claim has been raised belatedly after seven years of the death of the employee concerned. 5.

Considering the submissions made above, the writ application is disposed of with a direction to the petitioner to file a comprehensive representation raising all her claims before the Respondent No.2 Agriculture Produce Commissioner, Bihar, Patna within four weeks from today. In case such a representation is filed, the Agriculture Produce Commissioner, Bihar, Patna shall dispose of the same by a reasoned order within a period of three months from the date of filing of representation. In case the claims of the petitioner are found admissible, payment of the same shall be made within the aforementioned period. If the claims of the petitioner are found to be not admissible, the order of rejection should also be transmitted to the petitioner on her address.

(Ashwani Kumar Singh, J) Pradeep/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.03.2017 Transmission Date