Musmat Gulab Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9428 of 2015 ====================================================== Musmat Gulab Devi widow of Late Baidhyanath Mishra, resident of villageDhanauja, P.S-Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, Education Dpartment, Bihar, Patna. 3.

The District Education Officer, Madhubani.

4.

The District Program Officer- Establishment, Madhubani. 5.

The District Officer- Madhubani.

6.

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate.

For the Respondent/s :

Mr. Prasoon Sinha For the Accountant General Dr. Anand Kumar, Adv.

Mr. Rajan Prakash, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-12-2022 Heard the parties.

In this writ petition, the petitioner has prayed for the following reliefs:- (i) For a direction on the respondents particularly respondent District Education Officer, Madhubani to grant the Prawana Scale of Rs. 5500-9000 to the husband of the petitioner in pursuance of the notification no. 940 dated 01.09.11 issued by the Human Resources Department (now, Education Department) with effect from the due date, but not later than 01.04.2000 which has been allowed to a much Junior to the husband of the petitioner to one Maksudan Nonioa and to revise the pension, gratuity & leave salary of the petitioner with all

Patna High Court CWJC No.9428 of 2015(2) dt.19-12-2022 2/2 consequential benefits.

(ii) For a further direction on the respondents to pay the cost of litigation for causing undue harassments to the petitioner as the same Prawana Scale of Rs. 5500-9000 had been accorded to the much Junior to the husband of the petitioner namely Maksudan Nonia, by the respondents in their office order dated 24.07.2012 (w.e.f. 1.4.2000), but the petitioner's husband case has been put under isolation for the reasons best known to them (Annexure- 1/2).

The petitioner is directed to file a detailed representation before the respondent no.3 i.e. District Education Officer, Madhubani, for redressal of his grievances. If such a representation is filed, the same shall be decided by the District Education Officer, Madhubani in accordance with law by a reasoned order after hearing the petitioner within a period of eight weeks from the date of filing of representation by the petitioner.

With the aforesaid observations and directions, this writ petition is disposed of.

(Sandeep Kumar, J) Guddu/PawanU