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Patna High CourtCWJC/6011/2016disposed

Meena Devi v. The State Of Bihar And ORS

2023-10-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6011 of 2016 ====================================================== Meena Devi w/o Late Shrikant Yadav, Resident of village - Kishnapuri, Yadav Toli, Madhubani, Distt. Purnea.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Chief Secretary, Government of Bihar. 2.

The Principal Secretary Road Construction Department, Bihar, Patna. 3.

The Deputy Secretary, Road Construction Department, Bihar, Patna. 4.

The Deputy Secretary, Government of Bihar.

5.

The Principal Secretary, Rural Development Department, Bihar, Patna. 6.

The Collector, Madhepura.

7.

The Finance Commissioner, Government of Bihar. 8.

The Executive Engineer, N.R.E.P. Madhepura.

9.

The Assistant Engineer, N.R.E.P. Madhepura.

10.

The Assistant Engineer Gramin Vikash Special Division, Madhepura. 11.

Assistant Gramin Vikash Special Division, Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Mallick, Advocate For the State :

Mr. Madhaw Prasad Yadaw, Gp23 Mr. Arvind Kumar, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 06-10-2023 1.

The present writ petition has been filed seeking the following relief:- "I. To make payment of the benefit of A.C.P.

II. To make payment of entire dues of arrears after fixation of the grant of A.C.P. intention.

III. To make payment the interest over the dues which was delayed intentionally by the respondents concern and it is to be recovered from the pocket of the respondents."

Patna High Court CWJC No.6011 of 2016 dt.06-10-2023 2/3 2.

At the outset, the learned counsel for the respondent has referred to the counter affidavit filed in the present case, on behalf of respondent no.1 and 2, to submit that the husband of the petitioner has already been granted the benefits of first ACP, vide letter dated 26.11.2013, with effect from 09.08.1989 and his pay-scale has also been revised and refixed, vide Memo dated 05.03.2014. It is also submitted that the petitioner has been intimated by a letter dated 25.02.2015 that pension is not admissible and enhanced family pension @ Rs.8963 is payable with effect from 10.02.2006 to 09.02.2013, whereafter normal family pension @ Rs.5378/- is payable till the re-marriage or death of the petitioner. It is also submitted by referring to the counter affidavit filed in the present case on behalf of the respondent nos.2 and 3 that authority slip with regard to revised pension has also been issued by the Accountant General, Bihar, Patna vide Letter dated 25.02.2015. 3.

Having regard to the aforesaid submission made by the learned counsel for the respondent-State, this Court finds that the grievances of the petitioner have stood redressed, during the interregnum period, nonetheless, while disposing off the present writ petition, I deem it fit and proper to grant liberty to the petitioner to approach the respondent-authorities for

Patna High Court CWJC No.6011 of 2016 dt.06-10-2023 3/3 redressal of her subsisting grievances, if any. 4.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.10.2023 Transmission Date NA