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Patna High CourtCWJC/11785/2011disposed

Uma Devi v. The State Of Bihar And ORS

2015-01-21The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11785 of 2011 ======================================================

1. Uma Devi, W/O Late Kapildeo Singh R/O Vill. Ramuna Bigha, P.S. Mahush, Distt. Sheikhpura.

.... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Human Resources Department, Govt.Of Bihar, Patna.

2. The District Magistrate, Nalanda.

3. The District Education Officer, Nalanda At Biharsharif.

4. The Treasury Officer, Nalanda T Biharsharif.

5. The Incharge Headmaster, High School, Sare, (Nalanda).

6. The Accountant General, Bihar, Birchand Patel Path, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Arun, Advocate. For the Respondent/s : Mr. Prahlad Kr. Bhagat GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 21-01-2015 With the help of this application, made under Article 226 of the Constitution of India, the petitioner has claimed for payment of unutilized leave salary to the tune of Rs. 2,94,530/- in respect of her husband, who died, on 04.08.2010, after his superannuation, on 31.12.2008, from the post of Headmaster, High School, Sare, Nalanda.

Heard Mr. Gajanan Arun, learned Counsel for the petitioner, and Mrs. Anita Singh, learned Counsel for Accountant General. Also heard Mr. Purnendu Singh, learned Government Pleader No. 27, appearing on behalf of the State. In the counter affidavit, the respondents have

Patna High Court CWJC No.11785 of 2011 (5) dt.21-01-2015 2/2 submitted that the District Programme Officer (Establishment), Nalanda, had directed the Incharge Headmaster of the said school to take steps for payment of admissible dues of the deceased to the petitioner.

In view of the above and in the interest of justice, it is hereby directed that the admissible retiral benefits of the deceased employee be paid to the petitioner within a period of three months from the date of receipt of a copy of this order by respondent No.3, namely, District Education Officer, Nalanda, at Bihar Sharif. It shall be the responsibility of respondent No.3 to ensure that the admissible retiral benefit, as has been directed hereinbefore, is paid to the petitioner.

In terms of the above observations and directions, this writ application shall stand disposed of.

(I. A. Ansari, J.) Mkr./- U