Mostt. Chandrawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13314 of 2021 ====================================================== Mostt. Chandrawati Devi wife of Late Raja Ram Prasad, resident of VillageSikandarpur Masarh, P.S. + Anchal- Modanganj, District- Jehanabad. ... ... Petitioner
Versus
1.
The State of Bihar through the Chief Secretary, State of Bihar, Patna. 2.
The Principal Secretary, the Department of R.C.D., Bihar, Patna. 3.
The Additional Secretary, R.C.D., Govt. of Bihar, Patna. 4.
The Engineer-in- Chief cum Addl. Commissioner, cum Special Secretary, R.C.D. (Road Construction Department), State of Bihar, Patna. 5.
The Executive Engineer, Road Construction Department, Mechanical Division Bhojpur, Ara.
6.
The Accountant General, Bihar, Patna.
7.
The Treasury Officer, Ara.
... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Surendra Kumar Mishra, Advocate Mr. Ajay Kumar Singh, Advocate For the State :
Mr. Swapnil Kumar Singh, AC to GP-19 For Accountant General :
Dr. Anand Kumar, Advocate Mr. Rajan Prakash , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 16-02-2024 This writ petition has been filed by the petitioner seeking a direction to the respondents to make payment of death cum retiral dues i.e. family pension, earned leave, gratuity, G.P.F. and other consequential benefits of her husband, late Raja Ram Prasad, who died in harness on 05.05.2016 while working as Mechanical Assistant in Road Construction Department, Mechanical Division, Bhojpur, Ara.
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2. The petitioner is stated to be the second wife of late Raja Ram Prasad. It is also not in dispute that the first wife of late Raja Ram Prasad is also no longer alive.
3. In that context, the respondent Nos.2 to 5 in the counter affidavit has stated in paragraph 13 that vide letter No.16, dated 24.01.2017 the petitioner was directed to submit a succession certificate so that steps for payment of retiral dues of her husband, late Raja Ram Prasad may be taken. Despite the aforesaid letter, dated 24.01.2017 to submit a succession certificate, the petitioner has not yet submitted the succession certificate to enable the respondent authorities to take steps for payment of retiral dues of late Raja Ram Prasad to the petitioner.
4. In that view of the matter, this writ petition is hereby disposed of with a direction to the petitioner to submit a succession certificate, issued by the competent authority to enable the respondent authorities to process on file for payment of retiral dues of late Raja Ram Prasad to the petitioner.
5. As and when the succession certificate as directed above is submitted by the petitioner to the respondent authorities, the respondent authorities shall take necessary steps for payment of retiral dues of late Raja Ram Prasad in favour of
Patna High Court CWJC No.13314 of 2021 dt.16-02-2024 3/3 the petitioner as expeditiously as possible, but not later than two months from the date of submission of succession certificate.
6. This writ petition is disposed of with the above observation/direction.
(Nani Tagia, J) Narendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.02.2024 Transmission Date NA