Indu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4459 of 2023 ====================================================== Indu Jha Wife of Late Vijay Kant Jha, Resident of Village-Skhua, P.S.-Pipara Bazar, District-Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Higher Education Department, Government of Bihar, Patna.

2.

The Director, Higher Education, Government of Bihar, Patna. 3.

The Director, Rural Institute of Higher Studies at Biraul, P.S.-Pusa, DistrictSamastipur. 4.

The Accountant General Bihar, Veer Chand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kripa Nand Jha, Adv.

For the State :

Mr. Rajeev Ranjan, AC to GP-20 For Accountant General :

Mr. Ram Kinker Choubey, Adv.

For Respondent No. 3 :

Mr. Shashi Bhushan Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 27-07-2023 Heard Mr. Kripa Nand Jha, learned counsel appearing on behalf of the petitioner, Mr. Rajeev Ranjan, learned counsel appearing on behalf of the State, Shashi Bhushan Singh, learned counsel appearing on behalf of the respondent no. 3 and Mr. Ram Kinker Choubey, learned counsel appearing on behalf of the Accountant General.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner is aggrieved for non-payment of pension and gratuity. The petitioner has brought on record the cases of all such employees similarly situated like him that they

Patna High Court CWJC No.4459 of 2023 dt.27-07-2023 2/2 have been paid pension and gratuity only after interference by this Court. In this regard, petitioner has brought on record the order dated 04.02.2019, passed in L.P.A. No. 8 of 2015. Learned counsel submits that in similar terms a direction be issued to the Director, Higher Education, Government of Bihar to consider the case of the petitioner.

3. The Director, Higher Education, Government of Bihar is directed to ensure payment of pension and gratuity to the petitioner considering the fact that equity is in favour of the petitioner, who is the widow of deceased employee.

4. If petitioner so advised, may file a detail representation along with all the orders and requisite documents to claim pension and gratuity.

5. The above exercise must be concluded within a period of six weeks.

6. With the above observation and direction the writ petition stands disposed of.

(Purnendu Singh, J) pravinkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date