Shanti Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5365 of 2014 ======================================================

1. Shanti Sah Wife Of Late Ram Saroop Sah Resident Of Village + Post - Shekhpur, Police Station - Ahiyapur, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar, Through Chief Secretary Government Of Bihar, Patna

2. The Accountant General Of Bihar, Patna

3. The Principal Secretary, Health Department Government Of Bihar, Patna

4. The Director, Health Department Government Of Bihar, Patna

5. The District Magistrate, Muzaffarpur

6. The Civil Surgeon, Muzaffarpur

7. The Provident Fund Officer, Muzaffarpur

8. The Treasury Officer, Muzaffarpur

9. Incharge Primary Health Centre, Bochacha, Muzaffarpur

10. Mr. Upendra Prasad Singh Then Incharge, Primary Health Center, Bochacha, Muzaffarpur

11. Mr. Ratnesh Kumar Sharivastava, Clerk Then Primary Health Center, Bochaha, Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Rajpati For the Respondent/s : Mr. Aag-6 Anjani Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-07-2016 Heard learned counsel for the parties.

The present writ application has been filed seeking direction to the respondents to pay to the petitioner the post retiral dues. She was working as A.N. M. in Primary Health Center, Boachaha, Muzaffarpur, from where she retired with effect from 30.11.2010.

A counter affidavit has been filed on behalf of the respondents State of Bihar which contains details of the payment already made to the petitioner against various

heads including Pension, Gratuity, Leave Encashment and General Provident Fund etc.

Learned counsel for the petitioner does not dispute the fact that these payments have been made. He, however, submits that the petitioner has not been paid the arrears arising out of revision in pension. He also submits that the petitioner, for some period had worked under Muskan Yojna and she is entitled for certain benefits out of that. Considering the pleadings on record and submissions advanced on behalf of the petitioner and the respondents State of Bihar, this application is disposed of with an observation that the petitioner shall be at liberty to approach the competent authorities for payment of arrears arising out of revision in pension and benefits under Muskan Yojna as claimed by her. If she approaches the authority concerned, within one month from today, the competent authority shall be required to consider it and pass appropriate order and pay to the petitioner the amount which she is legally entitled to within a period of two months thereafter.

This disposes of the application.

(Chakradhari Sharan Singh, J) ArunKumar/- U