Mosmat Dharmsheela Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10297 of 2015 ====================================================== Mosmat Dharmsheela Devi Wife of Late Dr. Vimal Kumar Resident of village - Hirapatti, P.S. Laukahi, District - Madhubani ... ... Petitioner

Versus

1. The State Of Bihar through the Principal Secretary, Higher Education Department, Govt. of Bihar, Patna

2. The Director (Higher Education) Government of Bihar, Patna

3. The Director, Rural Institute of Higher Studies at Birauli, P.S. Pusa, District - Samastipur

4. The Accountant General, Birchand Patel Marg, Bihar, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Kripa Nand Jha, Adv.

For the Respondent/s :

Mr. Sunil Kumar, AC to GA12 For the A.G. : Mr. Rabindra Kumar Priyadarshi, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 04-02-2019 Heard Mr. Kripa Nand Jha, learned counsel for the petitioner, Mr. Sunil Kumar, learned AC to GA-12, for the State and Mr. Rabindra Kumar Priyadarshi, learned counsel for the Accountant General.

The petitioner prays for the following relief: "(i) For issuance of an appropriate direction, order or writ in the nature of Mandamus commanding the respondents to pay the arrears and current pension and gratuity to the petitioner w.e.f. August, 2004 i.e. after the death of her Late husband Dr. Vimal Kumar who died in harness while working on the post of Professor in the Rural Institute of higher studies at Birauli, Samastipur.

(ii) For holding and declaring that the petitioner is entitled to get the family pension after the death of her late husband in

Patna High Court CWJC No.10297 of 2015 dt.04-02-2019 2/2 view of the fact that the other employees of the institute has been allowed pension.

(iii) For any other relief/ reliefs to which the petitioner may be found entitled to in the facts and circumstances of this case."

In the nature of the opinion that we have expressed in L.P.A.No. 8/2015 the writ petition has to be allowed and the concerned respondent authorities are directed to accord the terminal benefits to the writ petitioner, who is the widow of the employee of the institute, who died in harness in July, 2004 as found admissible to her.

Let the concerned respondents consider the admissibility of superannuation benefits viz. family pension, gratuity, provident fund and unutilized leave to which the writ petitioner is found entitled and make payment of the same within three months from the date of receipt/ production of a copy of this order. The writ petition is allowed with the directions above. (Jyoti Saran, J) ( Arvind Srivastava, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.02.2019 Transmission Date NA