Mosmat Indra Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13426 of 2016 =========================================================== Mosmat Indra Devi Wife of Late Vishwambhar Prasad resident of village - Ladho, P.S. Biraul, District - Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Public Health Engineering Department

2. The Engineer - in - Special Secretary, Public Health Engineering Department, Government of Bihar, Patna

3. The Chief Engineer ( Mechanical ), Public Health Engineering Department, Government of Bihar, Patna

4. The Superintending Engineer, Public Health Engineering Department, Circle, Patna

5. The Executive Engineer, Public Health Mechanical Division, Patna West

6. The Accountant General ( A.E. ) Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Dhurjati Kumar Prasad, SC For the A.G.

:

Mr. Kumar Priya Ranjan, SC with Mr. Niraj Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 29-06-2018 Nobody appears on behalf of the petitioner. Learned counsel for the State and Accountant General have assisted the Court.

2. The petitioner has moved the Court for the following reliefs:

" A. For issuance of a writ in the nature of Mandamus Commanding the respondents to pay the outstanding post-retiral dues of her husband and

Patna High Court CWJC No.13426 of 2016 dt.29-06-2018 2/2 family pension with statutory and penal interest forthwith.

B. For passing any other order/s, Command/s or appropriate writ/s which your Lordships deem fit and proper in the facts and circumstances of the instant Case."

3. The claim for family pension has been made by the petitioner, who is the widow of late Vishwambhar Prasad who was a Work Charge Employee and died in harness on 07.10.2002.

4. Earlier on 17.09.2016, the Court had observed that the issue involved was the subject matter of C.W.J.C. No. 12615 of 2014, which was referred to the Division Bench and, thus, the present writ petition was directed to be listed after disposal of the aforesaid writ petition. The said writ petition stood dismissed by judgment and order dated 10.02.2017.

5. Having regard to the aforesaid, no relief can be granted to the petitioner in the present case. Accordingly, the writ petition stands dismissed.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U