Md. Asif v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23847 of 2018 ====================================================== Md. Asif Son of late Akbar Ali Ansari Resident of Mohalla- Mawaikhurd, Islampur, Mughalsarai, Chandauli, P.S.- Alinagar, District- Chandauli, Uttar Pradesh ... Petitioner
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Agriculture Department, Government of Bihar, Patna 3.
The Director Agriculture, Agriculture Department, Government of Bihar, Patna 4.
The Joint Director Administration, Agriculture Department, Bihar, Patna 5.
The Joint Director Shasya Agriculture, Patna Division, Patna 6.
The District Agriculture Officer, Buxar, Bihar, Patna 7.
Zubeda Khatoon Wife of Minhaz Tailor Master@ Md. Imtiaz Tailor Master Resident of Village - Haiderganj, Barah, Post- Silao, P.S. Silao, DistrictNalanda, Bihar, Patna 8.
The Accountant General , Bihar, Patna ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Prashant Kashyap, Adv.
For the State :
Mr. Sanjay Kumar, AC to SC XV For the AG :
Mr. Satyendra Kumar Jha, Adv.
For respondent 7 :
Mr. Shambhu Sharan Singh, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-05-2019 As prayed for, learned counsel for respondent no. 7 is permitted to make necessary correction in paragraph 7 of the counter affidavit filed on behalf of respondent no. 7. Heard the learned counsel for the petitioner and the learned counsels appearing for the State as well as the Accountant General, Bihar, Patna, as well as the learned counsel appearing for respondent no. 7.
A counter affidavit has been filed on behalf of
Patna High Court CWJC No.23847 of 2018(3) dt.01-05-2019 2/3 respondent no. 7 wherein at paragraph 7 it has been stated that a compromise has been reached between the petitioner and respondent no. 7, which is as follows :
"7 : That the deponent respondent no. 7 therefore expresses her willingness to be paid only monthly family pension to her and the rest amount of gratuity, leave encashment, provident fund amount, group insurance amount and other death-cum-retiral benefits including ex-gratia amount due to death of Akbar Ali Ansari be given to the petitioner for which the deponent no. 7 has got no objection and she does not claim for the same except the family pension nor she will have any claim in future for other retirement benefits except family pension arising out of service benefits of late Akbar Ali Ansari."
The petitioner has no objection to the said compromise as stated in paragraph 7 of the said counter affidavit.
Under such circumstances, this writ application is disposed off with a direction to respondent no. 6, the District Agriculture Officer, Buxar, to call the petitioner and respondent no. 7 and after an affidavit to the said effect, sanction the post retiral dues, including family pension of the late employee, Akbar Ali Ansari, who died in harness as Senior Clerk at Subdivisional Agriculture Office, Bazar Samity, Buxar, and the
Patna High Court CWJC No.23847 of 2018(3) dt.01-05-2019 3/3 said sanction would be sent to the office of the Accountant General, Bihar, Patna, within a period of two months and necessary Pension Payment Order would be sent with regard to the petitioner and respondent no. 7 by the office of the Accountant General to the Treasury, Buxar, for its remittance in the respective Bank of the petitioner and respondent no. 7. (Nilu Agrawal, J) Shamshad/- U