Neelam Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10736 of 2012 ====================================================== Neelam Kumari, widow of late Niranjan Kumar Singh, resident of Jatra Tand, P.O. Kokar, P.S. Sadar, Town and District Ranchi (Jharkhand) ... ... Petitioner/s
Versus
1. Bihar State Electricity Board, Vidhuth Bhawan, Belly Road, Patna
2. Chairman, Bihar State Electricity Board, Vidhuth Bhawan, Belly Road, Patna
3. Secretary, Bihar State Electricity Board, Vidhuth Bhawan, Belly Road, Patna
4. Finance Controller-I, Bihar State Electricity Board, Vidhuth Bhawan, Belly Road, Patna
5. Cashier, Officers' Welfare Fund, Bihar State Electricity Board, Vidhuth Bhawan, Belly Road, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Daya Shankar Prasad Sinha, Advocate For the Respondent/s :
Mr.Vinay Kirti Singh, Sr. Advocate Mr. Akhileshwar Singh, Advocate Mr. Venkatesh Kirti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 30-04-2024 Heard Mr. Daya Shankar Prasad Sinha, learned counsel appearing on behalf of the petitioner; Mr.Vinay Kirti Singh, learned senior counsel along with Mr. Akhileshwar Singh and Mr. Venkatesh Kirti, learned counsels for the respondents.
2. Petitioner is aggrieved for non-payment of an amount of Rs.29860/-, along with statutory interest amounting to her share, which is lying due in Officers' Welfare Fund in the credit of her father-in-aw late Brajdeo Singh, then Assistant Electrical Engineer, Electric Supply Division, Sheikhpura. Grievance of the petitioner is that petitioner's husband died and as per provision of Clause 6(ii)(a) of Rules and Regulations of
Patna High Court CWJC No.10736 of 2012 dt.30-04-2024 2/3 Bihar State Electricity Board Officers' welfare Fund, the benefit under the scheme shall be paid only to wife/husband/sons/unmarried daughters/ dependent mother or dependent father of the deceased officer. Learned counsel submitted that, she being the wife of the son of the deceased officer, becomes entitled for the share, which is required to be paid to the son of the deceased employee in accordance with Clause 6(ii)(a) of Rules and Regulations of Bihar State Electricity Board Officers' welfare Fund. Learned counsel in this regard seeks to file a detailed representation before the appropriate authority.
3. At this stage, Mr. Vinay Kirti Singh, learned Senior counsel appearing on behalf of the South Bihar Power Distribution Company Limited informs that the petitioner may file representation before the General Manager, Human Resources and Administration, South Bihar Power Distribution Company Limited, taking into consideration that the writ petition is devoid of facts, inasmuch as the petitioner has not given the date of death of her husband and her entitlement as nominee of late Niranjan Kumar Singh.
4. Considering the aforesaid submissions made on behalf of the petitioner, the petitioner, if so advised, may file a
Patna High Court CWJC No.10736 of 2012 dt.30-04-2024 3/3 representation before the General Manager, Human Resources and Administration, South Bihar Power Distribution Company Limited, who is required to dispose of the representation of the petitioner preferably within a period of six weeks from the date of its filing in accordance with law, after giving due regard to the facts and circumstances of the case, as well as, the law in regard to role of nominees under Hindu Succession Act.
5. The writ petition is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.05.2024 Transmission Date NA