Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.708 of 2021 ====================================================== Kumari Devi Wife of Late Ramswarth Thakur Resident of Talkhapur, Dumra Bari Bazar, Ward No.14, P.S. Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Chief Engineer (North), Building Construction Department, Government of Bihar, Visheshwaraiya Bhawan, Baily Road, Patna. 3.

The Superintending Engineer, Building Construction Department, Building Division, Sitamarhi.

4.

The Executive Engineer, Building Construction Department, Building Division, Sitamarhi.

5.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Sunil Kumar Karn, Advocate For the Respondent/s :

Mr. Dinesh Maharaj, AC to AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-08-2022 The only subsisting grievance of the petitioner is that the retiral benefits of the deceased husband of the petitioner who retired from service with effect from 30.09.2016 while working in the office of the Executive Engineer, Building Division, Building Construction Department, Sitamarhi and died on 18.10.2018, should be re-worked taking into account the period of services rendered by him in Work Charge Establishment i.e. since 20.12.1979, in accordance with the law laid down by the Ld. Full Bench of this Court in the case of Amerika Devi vs. The State of Bihar & others reported in 2019 Vol. 4 PLJR 354.

Patna High Court CWJC No.708 of 2021(3) dt.24-08-2022 2/2 Having regard to the facts and circumstances of the case, this Court deems it fit and proper to direct the Additional Chief Secretary, Building Construction Department, Government of Bihar, Patna to consider the case of the petitioner for grant of revised death cum retiral dues on the aforesaid basis in light of the judgment rendered by the Full Bench of this Court in the case of Amerika Devi (supra) and pass appropriate orders within a period of 12 weeks of receipt/production of a copy of this order.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U