Phulpati Raut Alias Phulpati Rawat Alias Phulpati Kumari Rout v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13022 of 2021 ====================================================== Phulpati Raut alias Phulpati Rawat alias Phulpati Kumari Rout Wife of Late Bhola Shankar Prasad Resident of Flat No.- 204, Shayma Palce, Ved Nagar, Rukanpura, P.S.- Rupaspur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Integrated Child Development Service (I.C.D.S.), Government of Bihar, Patna. 2.

The District Magistrate, Patna.

3.

The District Programme Officer cum Information Officer, I.C.D.S., Danapur, Patna.

4.

The Child Development Programme Officer, Danapur, P.S.- Danapur, District- Patna.

5.

The Child Development Programme Officer, Rajgir, P.S.- Rajgir, DistrictNalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shaishav Kumar, Adv.

For the Respondent/s :

Mr. Prashant Pratap (GP 2) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-01-2023 The learned counsel for the petitioner is directed to add Patna Commissioner as respondent no. 6 in this case who is the competent authority to decide issue involved in the present case.

Heard learned counsel for the petitioner and learned counsel for the Respondents.

The present Writ Petition has been filed directing the respondent to make payment of retrial dues including Earned Leave, payment of arrear grant of A.C.P., arrear of salary as per

Patna High Court CWJC No.13022 of 2021(3) dt.02-01-2023 2/3 the 6th and 7th Pay Commission and accordingly for fixation and payment of monthly pension.

At the very outset learned counsel for the petitioner submits that the petitioner has joined service as Lady Supervisor in the I.C.D.S. Government of Bihar, Patna on 13.07.1986 and finally she retired from service as Lady Supervisor working under Child Development Programme Officer, Danapur, Patna. In this way she claimed herself to serve for about 32 years and 8 months.

Learned counsel for the petitioner submits that petitioner has filed a representation before Patna Commissioner which is Annexure-2 on 29.12.2020 but there is no response on the said representation till date.

Learned counsel for the State submits that counter affidavit has already been filed with two annexures, in which it has been stated that the petitioner has also moved before office of Lokayukta. According to learned counsel for the petitioner the said matter has already been ended but till date petitioner has not received any payment.

In this view of the matter, let the respondent no. 6 is directed to take a decision. Let the Commissioner, Patna Commissionary is directed to consider the entire matter of the

Patna High Court CWJC No.13022 of 2021(3) dt.02-01-2023 3/3 petitioner upon filing a fresh representation along with copy of the Writ Petition and decide the claim of petitioner within 90 days of receiving the fresh representation. The Commissioner shall also assure the payment to the petitioner within 30 days thereafter.

With this direction the present application is disposed off.

(Dr. Anshuman, J.) ashishsingh/- U