Sunita Devi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10693 of 2020 ====================================================== Sunita Devi, W/o Late Kula Nand Thakur, Resident of Village - Jhajhihat (Singiyahi Road) Post Janakpur Road, P.S. Pupri, District Sitamarhi, (Bihar), Pin Code 843320. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Commissioner Cum Secretary, Human Resources, Govt. of Bihar, Patna.

2.

The Accountant General, Govt. of Bihar, Patna. 3.

The Director Primary Education Govt. of Bihar, Patna. 4.

The District Magistrate, Muzaffarpur.

5.

The District Education Officer, Muzaffarpur.

6.

The District Program Officer Establishment, Muzaffarpur. 7.

The Block Education Officer, Paru Anchal, Muzaffarpur. 8.

The Block Development Officer, Paru Block, Muzaffarpur. 9.

Head Master, Upgraded Middle School, Milahi Paru Anchal, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pradeep Kumar Sinha, Advocate For the Respondent/s :

Mr.Amit Sharma, AC to (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-04-2021 The petitioner is widow of late Kula Nand Thakur, who was initially appointed as Assistant Teacher in February, 1971 in Middle School, Bhojpatti, P.S. Paru, District Muzaffarpur. After attaining the age of superannuation the husband of the petitioner retired on 30.09.2005. All the necessary documents have been submitted by her husband for post retiral dues but due to callus attitude of the respondents no action was taken and the husband of the petitioner died in 2018 without getting any single farthings towards post retiral dues. The widow has raised the grievance of non-payment of pension

Patna High Court CWJC No.10693 of 2020(2) dt.07-04-2021 2/2 of late husband and family pension after death of her husband. Since the present writ petition involves the issue of non-payment of pension since 30.9.2005 and family pension from 2018, instead of keeping the matter pending, the writ petition is disposed of with the direction to the respondents to scrutinise the claim of the petitioner and ensure payment of post retiral dues of the husband of the petitioner upto 30th November, 2018 and thereafter family pension to the petitioner after 1.12.2018. In the event, on scrutiny of the claim of the petitioner, if it is found that the husband of the petitioner has worked as Assistant Teacher upto 30.9.2005, the respondents must ensure payment of entire dues to the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order failing which the entire arrears will carry interest at the rate of 9% per annum from 30.9.2005 till the actual date of payment. With the aforesaid, the writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) spandey/- U