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Patna High CourtCWJC/6291/2022disposed

Manju Devi v. The State Of Bihar

2024-02-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6291 of 2022 ====================================================== Manju Devi W/o Sri Vijay Singh, R/o Village - Baghoi Khurd, P.S. - Phesar, District- Aurangabad.

... ... Petitioner/s

Versus

1.

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

2.

The Director in Chief (Disease Control, Public Health, Para Medicals) Health Services, Bihar, Patna.

3.

The Civil Surgeon Cum Chief Medical Officer, Aurangabad. 4.

The Incharge Medical Officer, Primary Health Centre, Daudnagar, Aurangabad.

5.

The Director, Provident Fund, Provident Fund Diectorate, Bihar, Patna. 6.

The District Provident Fund Officer, Aurangabad. 7.

The Treasury Officer, Aurangabad.

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

For the Petitioner/s :

Mr.Shiv Kumar, Advocate For the Respondent/s :

Mr.Nagendra Pd. Yadav (SC-23) Mrs. Vijaya Laxmi Srivastava, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2024 The present writ petition has been filed seeking the following reliefs:- "1. I. For directing the respondent authorities to immediately pay Group Insurance and General Provident Fund to the petitioner with upto date statutory interest till the date of payment, in light of the letter no.

571(4) dated 01.07.2020 issued by the Director in Chief (Disease Control, Public Health Para Medicals) Health Services, Bihar as contained in Annexure-2 to this petition.

II. For directing the respondent authorities to pay the petitioner her dues salary of working period from

Patna High Court CWJC No.6291 of 2022(2) dt.06-02-2024 2/3 01.05.2003 to 28.06.2003, 11.10.2003 to 08.11.2003 and 01.10.2014 to 17.10.2014 III. For directing the respondent authorities to pay the difference of salary to the petitioner w.e.f.

01.03.2001 in light of the order issued vide memo no. 2391 dated 30.08.2014.

IV. For directing the respondent authorities to consider the case of the petitioner for payment of pension, gratuity and leave encashment as being paid to other similarly situated persons namely Sri Parmeshwar Yadav, Basic Health Worker, Primary Health Centre, Ghoghardiha, Madhubani, Khurshid Alam Pharmasist, Primary Health Centre, Koilwar, Ara, Sri Arvind Kumar, Basis Health Worker, Primary Health Centre, Sikandra, Jamui etc."

2.

At the outset, the learned counsel for the respondents has referred to paragraph no. 7 of the counter affidavit filed in the present case to submit that the G.P.F. amount, payable to the petitioner, has been calculated and authority letter dated 25.05.2022, for a sum of Rs. 2,95,915/- along with up to date interest, has already been issued for payment.

Patna High Court CWJC No.6291 of 2022(2) dt.06-02-2024 3/3 3.

Per contra, the learned counsel for the petitioner submits that the aforesaid sum of Rs. 2,95,915/- has not been paid to the petitioner till date, hence the respondents be directed to make payment of the said amount along with up to date interest till the date of payment of the said amount. It is further submitted that the group insurance amount is yet to be paid to the petitioner, hence directions be also issued with regard to the same.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Additional Chief Secretary, Health Department, Government of Bihar, Patna to ensure payment of the aforesaid G.P.F. amount along with up to date interest as also the group insurance amount, within a period of four weeks from today. 5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U