Sampati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1349 of 2021 ====================================================== Sampati Devi Wife of Late Devnath Ram Resident of Village- Barkurwa, P.O.- Rupdih, P.S.- Muffasil Motihari, Dist- East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Health Services, Bihar, Patna.

3.

The Civil Surgeon cum Chief Medical Officer, Sadar Hospital, Motihari, East Champaran.

4.

The Superintendent, Sadar Hospital, Motihari, Dist- East Champaran. 5.

The Dy. Superintendent, Sadar Hospital, Motihari, East Champaran. 6.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate For the Respondent/s :

Mr. Rajeshwar Singh ( GA10 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 07-11-2022 Heard Mr. Mukesh Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Rajeshwar Singh, learned GA 10. The present writ application has been filed seeking a direction to grant family pension and gratuity and other retiral dues with interest to the petitioner which is admissible to her husband, who died in harness on 15.08.2001 from the post of Ward Attendant, Sadar Hospital, Motihari. The petitioner happens to be hapless widow of the petitioner, is running from pillar to post for the last two decades, but till date, the family pension and the 10 per cent of gratuity has not been paid. He further submits that on pretext of non submission of relevant documents/pension papers, the matter with regard to payment of remaining retiral dues has been kept pending for the last several years.

Patna High Court CWJC No.1349 of 2021 dt.07-11-2022 2/2 On the other hand, learned counsel for the State referring to paragraph no. 6 submits that the petitioner has recently submitted duly filled up form claiming pension on 14.05.2022.

Having heard the aforesaid submissions made on behalf of the parties and considering the materials available on record, the present writ application is disposed of with a direction to the Accountant General, Bihar, Patna, to look into the matter and issue necessary authority slips for admissible retiral dues of the petitioner, including 10 per cent of remaining gratuity as also issue appropriate order for family pension, in favor of the petitioner, which is due since 15.08.2021.

It is made clear that the aforesaid exercise must be completed within a period of four weeks from the date of receipt/production of a copy of this Order to the Accountant General, Bihar, Patna and after issuance of the authority slips, actual payment be made to the petitioner immediately within a period of four weeks, thereafter.

Accordingly, the present writ application stands disposed of with aforementioned observation and direction.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.11.2022.

Transmission Date NA