Most. Kishori Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6958 of 2015 =========================================================== Most. Kishori Devi Wife of late Phuldeo Ram, Resident of Village - Mathia Dih, P.S. -Chatauni, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through D.M. East Champaran.

2. The Managing Director, The Bihar State Food and Civil supplies Corporation. Ltd., Sone Bhawan Beerchand Patel Path, Patna-1.

3. The District Manager, The Bihar State Food and Civil supplies Corporation. Ltd., Bettiah, District- West Champaran.

4. The District Manager, The Bihar State Food and Civil supplies Corporation. Ltd, Hajipur at Vaishali.

5. The District Manager, The Bihar State Food and Civil supplies Corporation. Ltd, Motihari.

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

For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate.

For the B.S.F.C.

: Mr. Shailendra Kumar Singh & Mr. Awadhesh Kumar, Advocates.

For the State : Mr. Md. Raisul Haque, S.C. 4.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 23-09-2015 Heard learned counsel for the parties.

The petitioner has moved the Court for payment of death-cum-retiral benefits of her husband who died in harness on 09.10.2008.

Learned counsel for the respondents no. 2 to 5, who are required to make the payment, does not deny the liability. It is submitted that whatever is due to her shall be calculated and paid.

This Court is unable to appreciate the fact that no payment has been made to the petitioner after the death of her

Patna High Court CWJC No.6958 of 2015 dt.23-09-2015 2/2 husband in the year 2008 in harness when the family was left in the lurch due to the sudden departure of the bread earner. Accordingly, the writ application stands disposed off with a direction to the respondent no. 5 to ensure that all admitted dues of the petitioner relating to leave encashment, gratuity, unpaid salary, insurance, etc., as may be admissible in accordance with law along with the statutory interest, if any, is paid to her within a period of six weeks from the date of production of a copy of this order before him, failing which the amount shall carry simple interest at the rate of 9% per annum which shall be recovered from the personal pocket of the officer(s) who may be responsible for the delay.

(Ahsanuddin Amanullah, J.) P. Kumar U T