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Patna High CourtCWJC/8919/2022disposed

Renu Devi v. The State Of Bihar

2024-11-14Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8919 of 2022 ====================================================== Renu Devi W/o Late Ramgati Rai Village- Basti Sarsikan, P.O.- Bishunpur Tellor, P.S.- Kathara O.P., District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Vaishali. 2.

The District Magistrate, Vaishali.

3.

The Superintendent of Police, Vaishali.

4.

The Circle Officer, Gorowl, Vaishali.

5.

The District Account Officer, Vaishali.

6.

The District Treasury Officer, Vaishali.

7.

The Bill Clerk, District Treasury Office, Patna. 8.

The Accountant General, Bihar, Patna.

9.

District Provident Fund Officer, Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakmesh Marvind, Advocate For the Respondent/s :

Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 14-11-2024 Heard the parties.

2. The husband of the petitioner died in harness while working as Chaukidar under the office of Circle Officer, Goraul on 05.05.2021. Despite the sudden demise of the husband of the petitioner, when the petitioner (hapless widow of the erstwhile employee) has not been accorded the family pension and other death-cum-retiral benefits, she approached before this Court seeking a direction upon the respondents to ensure the payment of death-cum-retiral benefis, including the arrears of salary for the month of April, 2007 to March, 2017 in the revised pay

Patna High Court CWJC No.8919 of 2022 dt.14-11-2024 2/3 scale.

3. A counter affidavit has been filed on behalf of the respondent nos. 2, 3 and 4. Learned Advocate for the State referring to the averments made therein urged before this Court that all the admissible amount has been paid to the petitioner, the particulars of which have been duly mentioned in paragraph nos. 4 and 5, thereof.

4. Learned Advocate for the petitioner candidly submits that though the family pension and other death-cumretiral benefits have been paid to the petitioner, but till date, so far the arrears of salary for the period aforenoted is concerned, the same has not been paid.

5. Considering the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the fact that the substantive death-cum-retiral benefits have been paid to the petitioner, this Court deems it fit and proper to dispose off the writ petition with a liberty to the petitioner to approach before the respondent no. 2 by filing an appropriate representation, preferably within a period of four weeks, from today.

6. In case such a representation is filed, the concerned respondent shall verify the claim of the petitioner and in case it

Patna High Court CWJC No.8919 of 2022 dt.14-11-2024 3/3 finds favour, necessary consequential order shall be made, within a further period of twelve weeks.

7. The writ petition stands disposed off with the liberty aforesaid.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.11.2024 Transmission Date NA