Manjula Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4875 of 2022 ====================================================== 1.

Manjula Devi, Wife of Late Radhey Paswan, Resident of Village and P.O.- Singhnan, P.S.- Rajoun, District- Banka.

2.

Ranjit Paswan, Son of Late Maheshwari Paswan, R/o Village Rajoun, P.S. Rajoun, Distt Banka.

3.

Sadho Devi, Wife of Late Mannu Paswan, Resident of Village- Mohanpur West, P.O. Rupsa, P.S. Rajoun, District Banka. 4.

Sudama Devi, Wife of Late Laxman Prasad, Resident of Village Singhnan, P.O. Singhnan, P.S. Rajoun, District Banka.

5.

Sawita Devi, Wife of Late Garib Das, Resident of Village- Anandpur, P.O. Rajoun, P.S.- Rajoun, Distt- Banka.

6.

Luro Devi, Wife of Late Mahendra Paswan, Resident of Village- Chakjhara, P.S.- Rajoun, District- Banka.

7.

Sato Devi, Wife of Late Madul Paswan, Resident of Village- Maheshpur, P.S.- Rajoun, District- Banka.

8.

Sakuna Devi, Wife of Late of Sugdeo Paswan Resident of Village Lashkari, P.S.- Rajoun, District- Banka.

... ... Petitioners

Versus

1.

The State of Bihar through Principal Secretary, Department of Finance, Bihar, Patna.

2.

The Principal Secretary, (Home) Police Department, Bihar, Patna. 3.

The District Magistrate, Banka.

4.

The Circle Officer, Rajoun, District- Banka.

... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Munna Raj, Advocate Ms. Minakshi Kumari, Advocate For the State :

Mr. Dhurendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-04-2023 Learned counsel for the petitioners is permitted to make correction in the name of the husband of petitioner no. 4 as per supplementary affidavit.

Heard learned counsel for the petitioners and Mr. Dhurendra Kumar, learned AC to GP-5 for the State.

Patna High Court CWJC No.4875 of 2022(2) dt.21-04-2023 2/3 The petitioners in the present case are seeking the following reliefs:- "(i) To issue an appropriate order/orders Direction/Directions including a writ in the nature of mandamus commanding and directing upon the respondents to make the payment of monetary benefit of M.A.C.P./A.C.P. to the petitioners, taking into the consideration that their husband died in harness and was entitled for the same.

(ii) To direct the respondents to make the payment of monetary benefit of M.A.C.P./A.C.P. taking into the consideration that petitioner's husband completed their service 12/24, 10/20/30 of their respective service.

(iii) To direct the respondents to make the payment of penal interest to the petitioners taking into the consideration that due to latches on the part of respondents the above mentioned claim have not been paid.

(iv) To direct the respondents to any other relief/reliefs to which the petitioners may be found entitled in the facts & circumstances of the case." Learned counsel for the petitioners submits that after filing of this writ application, the petitioner no. 1 has been made available the benefits of ACP/MACP of her husband. It is submitted that now the claims of petitioner nos. 2 to 8 are required to be examined and a decision is to be taken in this regard by the competent authority.

In the kind of reliefs prayed for, this writ application

Patna High Court CWJC No.4875 of 2022(2) dt.21-04-2023 3/3 is being disposed of with a direction to the District Magistrate, Banka (Respondent No.3) to look into the grievance of the petitioners, examine their claims as represented before the various authorities, copies of which are enclosed with the writ application and take a decision as to payability of their claims in accordance with law within a period of three months from the date of receipt/production of a copy of this order. If the claims are payable in accordance with law, the same shall be paid within another two months. This writ application stands disposed of.

(Rajeev Ranjan Prasad, J) lata/- U