Patna High CourtL.P.A/1423/2016dismissed

The State Of Bihar And ORS v. Shiv Rani Devi

2017-07-24The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1423 of 2016 ===========================================================

1. The State Of Bihar through the Chief Secretary, Main Secretariat, Patna

2. The Principal Secretary, Social Welfare Department, Government of Bihar, Patna

3. The Director, Integrated Child Development Services, Indira Bhawan, 2nd floor, Boring Canal Road, Patna

4. The Commissioner-cum-Secretary, Department of Finance, Government of Bihar, Patna .... .... Appellant/s

Versus

Shiv Rani Devi, wife of Late Ram Tahal Sahu, Resident of Village- Belura Rampur, P.S. Janipur, District Patna .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Anil Kr. Sinha, GA-1 Ms. Aditi Hansaria, AC to GA-1 For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 24-07-2017 Apart from the fact that there is an unexplained inordinate delay of more than one year and fifty four days in filing of this appeal, we find that the learned Writ Court has only directed the State Government to consider granting of family pension to the widowed lady who could not get the benefit of absorption of her husband as he died in the meanwhile and in cases of more than 70 persons by virtue of an order passed by this Court in C.W.J.C. No.10016 of 2007 on 6.4.2007 all persons were directed to be absorbed and granted the benefit of pension.

Patna High Court LPA No.1423 of 2016 dt.24-07-2017 2/2 Taking note of the totality of the facts and circumstances and the reasons that weighed with the learned Writ Court for issuing direction for sympathetic consideration of the case of the petitioner, this Letters Patent Appeal filed by the State Government is dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 28.7.2017 Transmission Date N/A