Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5453 of 2020 ====================================================== Kalawati Devi Wife of Late Manager Singh@ Mainajar Singh, Resident of - Purushottam Das Len, Murarpur Road, Police Station- Kotwali, DistrictGaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 2.

The Director, Urban Local Bodies, Department of Urban Development and Housing Department, Government of Bihar, Patna. 3.

The Municipal Commissioner, Gaya Municipal Corporation, Gaya. 4.

The Executive Engineer, Water Board, Gaya Municipal Corporation, Gaya. 5.

The Office Superintendent, Gaya Municipal Corporation, Gaya. 6.

The Accounts Officer, Gaya Municipal Corporation, Gaya. 7.

The Administrator, Water Board, Gaya Municipal Corporation, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Dhari Singh, Advocate For the Respondent/s :

Mr. Ravindra Priyadarshi, Advocate Mr. Suresh Kumar, Ac to GP-I ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-11-2022 Heard Mr. Manish Dhari Singh, learned counsel for the petitioner as well as Mr. Ravindra Priyadarshi for Gaya Municipal Corporation, Gaya.

The present writ petition has been filed for direction of respondent no. 3 for grant of retrial benefits including full pension, amount of gratuity, leave encashment, group insurance etc with effect from the date on which the husband of the petitioenr had retired from the post of Secretary, Water Board, Gaya Municipal Corporation.

Patna High Court CWJC No.5453 of 2020(3) dt.01-11-2022 2/3 It is needless to say that the petitioner happens to be the widow of Late- Manager Singh, who had superannuated from Gaya Municipal Corporation on 30.06.2013 and on account of ailment, he died on 18.12.2020.

A counter affidavit has been filed on behalf of the Respondent nos. 3 to 7, Gaya Municipal Corporation, Gaya, with a clear assertion that certain outstanding dues have been paid to the petitioner and in support of his contention, learned counsel for the Respondent, Gaya Municipal Corporation, Gaya referred to paragraph no. 5,6 and 7 of the counter affidavit. It is further contended that the record relating to the services of the petitioner is quite old and it also requires verification. However on verification, if it is found any due amount to the late husband of the petitioner, the same would be paid, if not paid to the petitioner earlier.

In view of the avernments made in the counter affidavit as also the assurance given before this Court by the learned counsel for Municipal Corporation, the present application is being disposed of with a liberty to the petitioner to approach before the Municipal Commissioner, Gaya by filing a representation stating her remaining grievances / claim. In case such representation is filed within four weeks, the respondent

Patna High Court CWJC No.5453 of 2020(3) dt.01-11-2022 3/3 Municipal Commissioner, Gaya, shall dispose of the same within a further period of six weeks. It is needless to say that if the petitioner is found entitled for any admissible due amount the same shall also be paid within the aforesaid period. In view of the aforesaid observation , the present writ petition stands disposed of with the aforesaid liberty. (Harish Kumar, J) N.K/- U