Janki Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6836 of 2020 ====================================================== Janki Prasad Wife of Late Surendra Mehta @ Surendra Prasad Mehta, Resident of Village-Mura Harlochanpur, P.S. Sakra, District-Muzaffarpur, presently residing at Ward No. 31, Atardah, Kachi Pakki Road, Mushahari, P.S. Mushahari, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 3.

The Secretary (Expenditure), Finance Department, Government of Bihar, Patna.

4.

Dr. Rajendra Prasad Central Agriculture University, Pusa, Samastipur through the Controller.

5.

The Controller, Dr. Rajendra Prasad Central Agriculture University, Pusa, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Raghuvendra Kumar, SC-22 For the University :

Mr. Devendra Kumar Sinha, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2021 Heard Mr. Vijay Kumar Singh, learned counsel for the petitioner, Mr. Raghuvendra Kumar, learned SC-22 for the State and Mr. Devendra Kumar Sinha, learned counsel for Dr. Rajendra Prasad Central Agriculture University, Pusa, Samastipur, through video conferencing.

The petitioner has filed this writ application for a direction to the Respondent Authorities to grant dearness allowance over the family pension of the petitioner as well as revision of the family pension with effect from 1.1.2006 and

Patna High Court CWJC No.6836 of 2020(4) dt.06-08-2021 2/3 1.1.2016 as per the circular of the State Government. Learned counsel for the petitioner submits that during pendency of this writ application, a sum of Rs.4,33,302/- has been paid to the petitioner towards Dearness Allowance on family pension, but with regard to revision of pension, the counter affidavit is silent. Learned counsel in the aforesaid circumstance submits that the petitioner may be permitted to file a representation before the Respondent-University for revision of her family pension.

Mr. D.K. Sinha, learned senior counsel appearing for the University submits that in view of the submission made by the petitioner, the petitioner may be directed to file a representation before Respondent No. 5, i.e. the Controller, Dr. Rajendra Prasad Central Agriculture University, Pusa, Samastipur.

In view of the aforesaid submission made by the parties, the petitioner is directed to file a representation before the Respondent No. 5 claiming revision of family pension within a period of fifteen days from today. Needless to say that if such a representation is filed by the petitioner, the Respondent No. 5 shall dispose the same in accordance with law and by a speaking order within a period of two months from the date of filing of

Patna High Court CWJC No.6836 of 2020(4) dt.06-08-2021 3/3 the representation.

It is made clear that if any amount is found payable to the petitioner, the same shall be paid within one month from the date of disposal of the representation.

With aforesaid observation and direction, this writ application is disposed of.

(Anil Kumar Sinha, J) S.Ali/- U