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Patna High CourtCWJC/10150/2021disposed

Bhagywati Devi v. The State Of Bihar

2022-02-23Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10150 of 2021 ====================================================== Bhagywati Devi Wife of Late Ayodhya Singh @ Ram Ayodhya Singh, resident of Village-Sakri, Post-Sakri Chouki, Police Station-Arwal, DistrictArwal. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2.

The Director, Pranjal, Training and Research Center, Bihar Water Mission, Bailey Road, Patna.

3.

The Deputy Director, Pranjal, Training and Research Center, Bihar Water Mission, Bailey Road, Patna.

4.

Account Officer, Pranjal, Training and Research Center, Bihar Water Mission, Bailey Road, Patna.

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 23-02-2022 Heard learned counsel for the parties.

Learned counsel for the State accepts notice for respondent nos. 1 to 4.

In the instant petition, petitioner has prayed for the following relief/reliefs:

"The present writ application is being filed for appropriate writ/writs, order/orders, direction/directions to the respondent authorities to pay the dues salary of

Patna High Court CWJC No.10150 of 2021 dt.23-02-2022 2/3 late husband of the petitioner who was joined in Training and Research Center, Bihar Water Mission, Bailey Road, Patna on contract basis after his superannuation from Public Health Engineering Department for 05.12.2017 to 05.06.2018 and/or for any other relief or reliefs to which the petitioner may be found entitled to in course of hearing of this writ application."

Short question for consideration is whether legal heir of deceased Ayodhya Singh @ Ram Ayodhya Singh is entitled to arrears of salary from 05.12.2017 to 09.06.2018 or not. In this regard, petitioner is stated to have submitted several representations, one of the representation is furnished at Annexure-3 dated 27.01.2021. Respondent no.2 is hereby directed to examine the service particulars of deceased Ayodhya Singh @ Ram Ayodhya Singh and find out whether salary has been paid for the aforesaid period or not. If it is not paid, he is hereby directed to ascertain from the records. If the deceasedemployee is entitled to arrears of salary, the same shall be paid

Patna High Court CWJC No.10150 of 2021 dt.23-02-2022 3/3 alongwith interest at the rate of 8% per annum in the light of Apex Court decision in the case of Vijay L. Mehrotra Vs. State of Uttar Pradesh and Others reported in 2001 (9) SCC 687. If the deceased-employee is not entitled to arrears of salary, in that event, a necessary speaking order shall be passed and communicated to the petitioner. The above exercise shall be completed within a period of two months from the date of receipt of this order failing which the petitioner is entitled to litigation cost and it is quantified at Rs.10,000/- (Rupees Ten Thousand).

With the above observation, writ petition stands disposed of.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.03.2022 Transmission Date NA