Mira Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4756 of 2022 ====================================================== Mira Kumari D/o Late Kameshwar Prasad Resident of H/o Kameshwar Prasad, West Ashok Nagar, Kankar Bagh, P.S.- Kankar Bagh, Patna- 800020. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

2.

Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

3.

The Director, Directorate of Integrated Child Development Services (for Short ICDS), Bihar, Patna.

4.

The Divisional Commissioner, Magadh Division, Gaya. 5.

The District Programme Officer (ICDS), Jehanabad. 6.

The Child Development Project Officer, Ghoshi, Jehanabad. 7.

The District Provident Officer, Jehanabad.

8.

The Treasury Officer, Jehanabad.

9.

The Accountant General (A and E), Bihar, Birchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zaki Haider, Advocate Ms. Deepika Sharma, Advocate Mr. Aayush Abhishek, Advcoate For the State :

Ms.Kumari Amrita ( GP- 3 ) Mr. Kumar Priya Ranjan, Advocate For the A.G.

: Mr. Chaitanya Swaroop, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-10-2022 The Divisional Commissioner, Magadh Division, Gaya and the District Magistrate, Jehanabad are present in the Court and have filed their respective show cause wherein it has been stated that the admissible outstanding amount of provisional pension, provisional gratuity, earned leave, G.P.F. & G.I.S. have already stood paid, however, since there has been break in service, on several occasions, qua the petitioner herein,

Patna High Court CWJC No.4756 of 2022(3) dt.13-10-2022 2/2 especially after the year 2010 till her superannuation in the month of August, 2018, the last pay drawn has been taken to be the pay drawn by the petitioner in the year 2010, nonetheless, it is submitted by the learned District Magistrate, Jehanabad that the pay verification & fixation for the past years shall be carried out immediately and within a period of four weeks from today the final pension and gratuity amount as also the additional amount to be paid on other heads, pursuant to fixation of pay scale and taking into account the last pay drawn, just before her retirement, would be computed and the differential amount shall be paid within a period of six weeks from today. It is directed accordingly.

It is needless to state that the respondent authorities shall also consider the prayer of the petitioner for grant of the benefits of A.C.P./M.A.C.P. and revision of pay scale on the basis of 6th & 7th Pay Revision Commission report. The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U