Rahber Naqvi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19884 of 2018 ====================================================== Rahber Naqvi, D/o Late Saiyed Sibte Ahmad, R/o Mohalla Mogalpura Chhoti Bazar, P.S. Khajekalan, District-Patna.
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary P.W.D. Bihar, Patna.
2. Principal Secretary, Finance Department, Bihar, Patna.
3. Accountant General, Bihar, Patna.
4. Executive Engineer, National Highway Division, Aurangabad.
5. Additional Secretary, Finance (Pension Dept.) Bihar, Patna. ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Raj Dular Sah, Advocate For the State :
Mr. Tripurari Nath Ambastha, AC to SC-26 For the Accountant General Mr. Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 27-04-2021 Heard learned counsel for the petitioner and learned counsel for the respondents through video conference.
2. The present writ petition has been filed for "issuance of an appropriate writ/writs direction/directions commanding the Respondents authorities to grant family pension to the petitioner as her father after retirement was getting pension and after his death her mother was getting pensionary benefits till her death further for any other relief/reliefs for which the petitioner is entitled in the facts and circumstances of the case."
3. Learned counsel for the petitioner states that during the pendency of the writ petition, the petitioner began receiving the family pension consequent upon the death of her mother on
Patna High Court CWJC No.19884 of 2018 dt.27-04-2021 2/3 14.09.2016, but however such family pension was not paid for the period between 15.09.2016 and 25.09.2018. It is therefore, submitted that the petitioner is entitled for the arrears of pension for such period.
4. Learned counsel for the State appears and has been heard. It is stated that the petitioner has informed that she has since been married on 10.12.2020 and has thus requested for discontinuance of payment of family pension to her (AnnexureC series to the supplementary counter affidavit).
5. Having heard the parties and on consideration of materials on record, this Court is of the view that the ends of justice will be met by granting liberty to the petitioner to approach the Executive Engineer, National Highway Division, Aurangabad (respondent no. 4) with an appropriate representation for redressal of her remaining grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of in accordance with law after grant of an opportunity of hearing to the petitioner, within a further period of eight weeks thereafter. To enable disposal, the petitioner shall furnish her mobile number and email ID to the respondent no. 4 within a week from today.
Patna High Court CWJC No.19884 of 2018 dt.27-04-2021 3/3
6. It is made clear that in view of the ongoing Covid-19 pandemic, any correspondence between the parties may be made through email and the petitioner shall be at liberty to request for hearing through video conference.
7. The writ petition stands disposed of with the aforesaid directions.
(Vikash Jain, J) HR/- AFR/NAFR NAFR CAV DATE --- Uploading Date 29.04.2021 Transmission Date ---