Smt. Sheshmani Devi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2471 of 2017 ====================================================== Smt. Sheshmani Devi, W/o - Late Srikant Singh, Resident of Village and P.O.- Sakarwar Tola, Mokama Ward nbo. 16 P.S.- Mokama, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner-cum-Secretary, Public Health Engineering Department Govt. of Bihar, Patna.

3.

The Engineer-in-Chief, Public Health Engineering Department, Bihar, Patna. 4.

The Chief Engineer, Public Health Engineering Department (Civil) Bihar, Patna.

5.

The Superintending Engineer, Public Health Engineering Department, Patna circle, Patna.

6.

The Executive Engineer, Public Health (Mechanical) Engineering Division, Patna.

7.

The Assistant Engineer (Mechanical) Public Health Engineering Mechanical Division Barh.

8.

Sub-divisional-cum - Assistant Engineering Division. 9.

The Accountant General, Bihar, Patna.

10.

The District Provident fund officer Dist. Patna. 11.

The Treasury Officer, Patna.

12.

The District Account Officer, Patna.

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Respondent/s :

Mr. Manoj Kumar, AC to GP-4 For the A.G. Bihar :

Mr. Satyendra Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2019 The petitioner in the present case has approached this Court for grant of death-cum- retiral dues pertaining to her deceased husband, who had died while working in the work charge establishment.

The learned counsel for the parties submit that now on account of Full Bench judgment rendered vide judgment

Patna High Court CWJC No.2471 of 2017(3) dt.13-11-2019 2/2 reported in 2019(1) PLJR ( Mobina Khatoon vs. The State of Bihar & Ors.), the case of the widow petitioner is required to be examined afresh and accordingly the same has to be processed for the purposes of making payment of the deathcum- retiral dues of her deceased husband. Accordingly, the present writ petition stands disposed of with liberty to the petitioner to approach the respondent no.2 i.e.

the Commissioner-cum- Secretary, Public Health Engineering Department, Government of Bihar, Patna by filing an appropriate representation within a period of four weeks from today, detailing therein the entire history of the service career of the husband of the petitioner and annexing a copy of the judgment rendered by the learned Full Bench in the case of Mobina Khatoon (supra), whereupon the respondent no.2 shall dispose of the same by a reasoned and a speaking order within a period of six weeks from the date of filing of the representation by the petitioner herein and in case it is found that the petitioner is entitled for death-cum-retiral dues, the same shall be paid thereafter expeditiously.

(Mohit Kumar Shah, J) Tiwary/- U