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Patna High CourtCWJC/13999/2021disposed

Kaili Devi v. The State Of Bihar

2024-02-15Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13999 of 2021 ====================================================== Kaili Devi Wife of Late Bigan Yadav , Resident of Village-Dhanu Bigha P.O.- Kerki, Police, Station-Konch, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Energy Department Government of Bihar Patna.

2.

The Bihar State Electricity Board through Chairman Vidyut Bhawan Baily Road Patna.

3.

The Secretary, Bihar State Electricity Board Vidyut Bhawan Baily Road Patna.

4.

The Director Personnel Bihar State Electricity Board Vidyut Bhawan Baily Road Patna.

5.

The Finance Controller, Bihar State Electricity Board Vidyut Bhawan Baily Road Patna.

6.

The General Manager Cum Chief Engineer Zone (Circle) Gaya (Now Patna)-BIhar State Electricity Board Patna.

7.

The Electrical Superintending Engineer, Bihar State Electricity Board Supply Circle Gaya District-Gaya.

8.

The Electrical Executive Engineer Bihar State Electricity Board Supply Division (Arban) Gaya District-Gaya.

9.

The Assistant Electrical Executive Engineer Supply Sub-Division no-3 Chandauti Gaya District-Gaya.

10.

The Accounts Officer, Bihar State Electricity Board Supply Circle Gaya District-Gaya.

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

For the Petitioner/s :

None For the State :

Mr. Subash Prasad Singh, GA3 For BSEB (RESPN No. 2 to 10 Mr. Kunal Tiwary. Assistant Standing Counsel. ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 15-02-2024 No one appears on behalf of the petitioner while learned counsel for the State as well as learned counsel for Respondent Nos. 2 to 10 are present.

2. The petitioner has filed this writ petition on

Patna High Court CWJC No.13999 of 2021(4) dt.15-02-2024 2/3 account of her husband having retired as unskilled Khalasi from the Bihar State Electricity Board, Sub-Division No.3, Chandauti, Gaya, District-Gaya seeking following relief(s):- (i) For payment of family pension of the petitioner with effect from the date her husband died i.e., 27.04.2021.

(ii) For payment of arrear of family pension as well as arrear of pension of her husband which was being paid only @ 90% from date of his retirement.

(iii) For payment of Gratuity, G.S.S, leave encashment, Arrear of CDA after retirement of the husband of the petitioner.

3. Respondents No. 2 to 10 have filed counter affidavit wherein in paragraphs 6, 7 and 8, a detailed narration has been made as to how and when the family pension, arrears of family pension, gratuity, GSS, leave encashment and arrears of CDA of the petitioner have been paid to the petitioner on account of retirement of the petitioner's husband as unskilled Khalasi from the Bihar State Electricity Board, Sub-Division No.3, Chandauti, Gaya, District-Gaya.

4. Though the counter affidavit by the Respondents No. 2 to 10 was filed in the year 2022, no rejoinder by the petitioner has been filed controverting the statements made by Respondents No. 2 to 10 in paragraphs 6, 7 and 8 of the counter affidavit.

Patna High Court CWJC No.13999 of 2021(4) dt.15-02-2024 3/3

5. In view of the above, I find that the relief(s) sought for by the petitioner has been redressed by the State authorities as indicated in the counter affidavit filed on behalf of Respondents No. 2 to 10.

6. The writ petition, therefore, stands disposed of as infructuous.

(Nani Tagia, J) perwez U