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Patna High CourtCWJC/19595/2014disposed

Ranju Devi v. The State Of Bihar And ORS

2016-02-05Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19595 of 2014 ====================================================== Ranju Devi, daughter of Late Shriram Prasad, resident of Raja Bazar, Sheikhpura, Body Builder Gali, Milki Mohalla, P.O. B.V. College, P.S. Hawai Adda, District Patna.

.... .... Petitioner

Versus

1. The State of Bihar through the Principle Secretary, Department of Road Construction, Govt. of Bihar, Patna.

2. The Under Secretary, Department of Road Construction, Govt. of Bihar, Patna.

3. The Chief Engineer, Department of Road Construction, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Ranjan, Adv. For the Respondent/s : Mr. AC to SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-02-2016 At the very outset, learned counsel for the petitioner submits that due to inadvertence, an error has occurred in paragraph-4 of the writ petition. He submits that incorrectly in respect of appointment of deceased mother of the petitioner Munni Orawan, it was mentioned that she was appointed on compassionate ground, whereas she was appointed on the basis of Court's order and, as such, he makes a prayer for making correction of the same in course of the day.

The prayer is allowed.

Heard Sri Rajesh Ranjan, learned counsel for the petitioner and learned AC to SC-6.

The petitioner has approached this Court, invoking its

Patna High Court CWJC No.19595 of 2014 (2) dt.05-02-2016 2/3 writ jurisdiction, with a prayer to direct the Respondents to make payment of death-cum- retiral dues including the gratuity amount, provident fund, leave encashment, group insurance, which was due in respect of her mother, namely, Munni Orawan, to the petitioner being sole legal heir. It has been claimed that the deceased employee had nominated the petitioner in respect of G.P.F. account. The said employee had died on 07.09.2013, while functioning as Peon in the Road Construction Department. It has been claimed that till date nothing has been paid to the petitioner, even the G.P.F. amount has not been paid on the plea that the petitioner has failed to produce succession certificate. So far G.P.F.

amount is concerned, once the deceased employee had already nominated the petitioner, there is no hurdle to make payment of G.P.F. amount. So far other relief is concerned, it is necessary to produce succession certificate and if such succession certificate issued by the competent court is produced, the Respondents are directed to pay all the death-cum retiral dues of her mother within a period of three months from the date of production of succession certificate. In respect of G.P.F.

Patna High Court CWJC No.19595 of 2014 (2) dt.05-02-2016 3/3 order.

With above observation and direction, the writ petition stands disposed of.

(Rakesh Kumar, J) NKS/- U