Kumari Usha Kiran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7256 of 2019 ====================================================== Kumari Usha Kiran, aged about 63 years, Female, W/o Akhilesh Kumar Arun, Resident of Mohalla- 26, LIC Colony, P.S.- Patrakar Nagar, Distt.- Patna. At present Address- resident of Mohalla- House No. 67, Surya Vihar Part II, Sector-91, Sanjay Colony, Near Gyasi Kothi, P.s.- Palla, Distt.- Faridabad (Haryana).

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2.

The Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

3.

The Principal Secretary, General Administrative Department, Govt. of Bihar, Old Secretariat, Bihar, Patna.

4.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 5.

The Joint Secretary, Education Department, Govt. of Bihar, Patna. 6.

The Director, Directorate of Education, Department of Secondary, Primary and Adult Education, Govt. of Bihar, Vikash Bhavan, New Secretariat, Patna.

7.

The District Education Officer, Begusarai, Distt.- Begusarai. 8.

The Accountant General, Bihar, Patna.

9.

The District Magistrate, Begusarai.

10.

The District Supply Officer, Begusarai.

11.

The Sub Divisional Officer, Wakhari, Begusarai. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Anil Kumar, Advocate.

For the State :

Mr. Jai Prabhat Kishore, A.C. to S.C. 13.

For the Accountant General : Mr. Ram Kinkar Choubey, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice.

Patna High Court CWJC No.7256 of 2019(4) dt.25-09-2020 2/3 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs have been sought for on behalf of the petitioner in the present writ application. "1. For issuance of an appropriate writ commanding the respondents to pay the provident fund to the petitioner from the date of her joining till date of her retirement i.e. 30.06.2016 on the post of Block Supply Inspector, Navkothi, Sub Division-Wakhari, District-Begusarai with 18% of the statutory interest (ii) For issuance of an appropriate writ commanding the respondents to further pay to the revise scale of the petitioner as per Annexure-4 to this writ petition."

In pursuance to the same, a counter affidavit has been filed on behalf of respondent nos. 9 to 11. The following statement has been made in paragraph no. 20 of the said counter affidavit.

"20. That the statement made in para no. 16 of the writ petition is incorrect & baseless. Here in this regard, it is relevant to mention here that Annexures A & B series of this counter affidavit itself speaks that the concerned authority is taking all necessary step to make payment of her retirement benefit like Provident Fund and differential amount of her salary in view of revised pay scale."

In pursuance to the aforesaid statement made in paragraph no. 20 of the counter affidavit, the petitioner is directed to make/file a detailed representation before the

Patna High Court CWJC No.7256 of 2019(4) dt.25-09-2020 3/3 respondent no. 9 i.e., the District Magistrate, Begusarai, for redressal of her grievance. If any such representation is made/filed by the petitioner, before the respondent no. 9 i.e., the District Magistrate, Begusarai, the respondent no. 9 shall consider the representation of the petitioner and pass an appropriate order, in accordance with law, within a period of four months, from the date of receipt of such representation. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U