Most. Rajmati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11630 of 2014 ======================================================== Most. Rajmati Devi, Wife of Late Pramanand Prasad, Resident of Village - Khangah, P.S. - Arwal, District - Arwal. ...... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Health Department Government of Bihar, Patna.

2. The Director-in-Chief, Health Services, Government of Bihar, Patna.

3. The Civil Surgeon-cum-Chief Medical Officer, District - Darbhanga.

4. The In-Charge Medical Officer Primary Health Centre, Kusheshwar Sathan, District - Darbhanga.

5. The Accountant General, Bihar, Patna.

6. The District General Provident Fund Officer, District - Darbhanga.

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

For the Petitioner/s : Mr. Arvind Prasad Singh, Adv. For the Respondent/s: Mr. Chandra Shekhar Singh, A.C. to G.P.16 ======================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 08-08-2016 Heard learned counsels for the parties.

The petitioner is widow of Parmanand Prasad, who retired as Sanitary Inspector w.e.f. 31.08.2009. He died on 18.03.2014. The grievance of the petitioner is that she is not being paid her family pension. It is also her grievance that her late husband was not paid his salary for the period 26.11.2007 to 11.06.2008 and 01.11.1980 to 04.05.1980 during the period of strike. It is also her grievance that her late husband was entitled for grant of first ACP and second ACP which was not granted during his service period. As regards family pension, upon perusal of Annexure-5 of the writ application, it appears that the same

Patna High Court CWJC No.11630 of 2014 dt.08-08-2016 has been authorized by the Office of the Accountant General (A&E), Bihar, Patna i.e. on 05.10.2012. The pension payment order issued in favour of her late husband includes authorization of family pension.

Learned counsel for the petitioner has submitted that the petitioner is in fact not getting family pension. It is directed that if the petitioner or any of her representative approaches the concerned Treasury Officer or the Bank official, they shall extend all co-operation to ensure that she starts getting her family pension, if she is not getting. Any proved slackness by the Treasury Officer or Bank official in this regard shall be viewed seriously keeping in mind the fact that the petitioner is an illiterate lady. As regards payment of salary for the period as indicated above, I direct the Civil Surgeon-cum-Chief Medical Officer, Darbhanga to take a final decision within a period of two months from the date of receipt/production of a copy of this order and communicate the same to the petitioner promptly thereafter.

This application stands disposed of with the aforesaid observations and direction.

Vikash/- (Chakradhari Sharan Singh, J.) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 12.08.2016 Transmission Date N.A.