Gyan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7084 of 2019 ====================================================== Gyan Devi, aged 62 years, Female, Wife of Late Awadhesh Mandal, Resident of Village- Pannuchak, Post- Ghogha, P.S.- Ghogha, district- Bhagalpur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Bihar.

3.

The District Magistrate, Bhagalpur.

4.

The District Panchayat Raj Officer, Bhagalpur. 5.

The Block Development Officer, Bhagalpur.

6.

The Block Development Officer, Sultanganj.

7.

The Accountant General, Bihar, Patna.

8.

The Block Development Officer, Jagdishpur.

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

For the Petitioner :

Mr.Abhay Kumar Singh and Mr. Siddhartha Kr.

Singh, Advocates.

For the Accountant General : Mr. Satyendra Kumar Jha, Advocate. For the State :

Mr. Vijay Bharti, A.C. to S.C. 7.

====================================================== 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. Heard learned counsel for the petitioner and learned counsel for the respondents.

The following relief has been sought for on behalf of the petitioner in the present writ application.

Patna High Court CWJC No.7084 of 2019(4) dt.25-09-2020 2/3 "1. For issuance of appropriate writs, orders and directions in the nature of writ of Mandamus directing the respondents to make payment of all retirement benefits of her husband Late Awadhesh Mandal, Panchayat Sewak at Jagdishpur Block, Bhagalpur, being Gratuity, Provident Fund, Leave Encashment, salary for suspension period, Insurance amount and Family Pension, who died during service period on 15.02.2018 and his retirement date is 31.01.2019 being 01.01.1959 his date of birth recorded in Service Book."

In pursuance to the same, a counter affidavit has been filed on behalf of respondent nos. 3 to 6 and 8. The following statement has been made in paragraph no. 15 of the said counter affidavit.

"15. That it is submitted and stated that after ascertaining and examining her claim, any amount found legally payable, would be paid to her without any delay."

Considering the stand taken by the respondents, the petitioner is directed to make/file a detailed representation before the respondent no. 3, i.e., the District Magistrate, Bhagalpur. If any such representation is made/filed by the petitioner before the respondent no. 3 i.e., the District Magistrate, Bhagalpur, the respondent no. 3 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.

Patna High Court CWJC No.7084 of 2019(4) dt.25-09-2020 3/3 With the aforesaid observation and direction, the present writ application stands disposed of.

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