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Patna High CourtCWJC/6997/2020disposed

Nirmala Kuar v. The State Of Bihar

2023-03-15Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6997 of 2020 ====================================================== Nirmala Kuar, Wife of Late Ram Naresh Singh, Resident of VillageKudarbadha, P.o.- Kudarbadha, District- Saran, Pin Code- 841202 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Health Department, Bihar, Patna 3.

The Director, Health Services, new Secretariat, Patna 4.

The Superintendent, T.B. Hospital, Koeilwar, District- Bhojpur 5.

The Accountant General Bihar, R.Block, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Respondent/s :

Ms. Kalpana, AC to G.A-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-03-2023 Heard Mr. Ashok Kumar Singh, learned counsel appearing on behalf of the petitioner and Ms. Kalpana, learned AC to GA-8 for the State.

2. In the present writ petition, the petitioner has prayed for following relief(s):

"That this writ or writ petition is being filed for directing and commanding the Respondents to pay full pension and gratuity to petitioner's Late husband to the petitioner on the basis of her husband's service period counted from 09.11.1965 to 31.07.2003 instead of 22.02.1978 to 31.07.2003 and also given the family pension to petitioner from 11.12.2010."

3. Ms. Kalpana, learned AC to GA-8 appearing on behalf of the State informs this Court by referring

Patna High Court CWJC No.6997 of 2020(4) dt.15-03-2023 2/3 supplementary counter affidavit that almost all the retiral dues payable to the petitioner has been paid as would appear from the paragraph No.5 of the supplementary counter affidavit, which inter alia is as follows:

"5. That the outset, it is humble submitted that recently, the Civil Surgeon-cum-Chief Medical Officer, Bhojpur (Ara) vide his letter No. 2079 dated 30.08.2021 has furnished the factual status retiral benefit / dues of the petitioner in the following manner:- (a) GPF amount has been paid to the petitioner.

(b) Group insurance amount to the tune of Rs. 39393/- has been paid.

(c) Gratuity amount to the tune of Rs. 70814/- has been paid.

(d) Unutilized earned leave amount to the tune of Rs. 43952/- has been paid.

(e) Rs. 1467/- monthly pension is regularly being made to the petitioner."

4. Learned counsel further submitted that in paragraph No. 6 of the supplementary counter affidavit it has been stated that period from 05.11.1965 to 21.02.1978 is not pensionable during which the husband of the petitioner had discharged his duty as daily wagers.

5. Considering the statement made in paragraph no.5 of the supplementary counter affidavit filed on behalf of the State, this writ petition is disposed of with a liberty to the petitioner, if she is aggrieved by non-payment of any dues on account of any head, she may represent before appropriate authority. The appropriate authority is directed to dispose of the representation

Patna High Court CWJC No.6997 of 2020(4) dt.15-03-2023 3/3 of the petitioner within a period of three months from the date of its filing.

6. With above observations and directions, the present writ petition stands disposed of.

(Purnendu Singh, J) manish/nilmani U