Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16173 of 2021 ====================================================== Chandan Sah son of Dhruv Sah resident of Village Ujain/ Ujaen, Police Station Daraunda, District Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police-cumCommandant General, Bihar Home Guard, Patna. 2.

The Director General of Police-cum- Commandant General, Bihar Home Guard, Patna.

3.

The District Magistrate, Siwan.

4.

The Superintendent of Police, Siwan.

5.

The District Commandant, Bihar Home Guard, Siwan. 6.

The Officer-in- Charge, Daraunda Police Station, District- Siwan. 7.

The District Public Grievance Redressal Officer, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Nath Dubey, Advocate For the Respondent/s :

Mr.Manish Kumar ( Gp4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2024 he present writ petition has been filed seeking the following relief:- "1. That this application is being filed for issuance of writ/writs, order/orders, direction/directions to the respondent No. 2 to consider the case of the petitioner and grant all the other benefits to the petitioner according to the circular of the Government due to sad demise of his daughter Jyoti Kumari

Patna High Court CWJC No.16173 of 2021(3) dt.24-04-2024 2/3 and further direct the respondents to grant all other benefits because it is admitted that the daughter of the petitioner died when she was on duty and the daughter of the petitioner was on maternity leave and further direct the respondents to examine the case of the petitioner and take appropriate action in this matter and allow all the benefits to the petitioner and further for any other relief/relies as the petitioner is found entitled to in the facts and circumstance of the case for the ends of justice."

2.

At the outset, the learned counsel for the petitioner has referred to paragraph no. 4 of the counter affidavit filed in the present case on behalf of the respondents no. 3 and 5 to submit that vide letter dated 22.03.2020, the District Commandant, Bihar Home Guard, Siwan has recommended for payment of additional pension of Rs. 5,000/- to the petitioner till the surviving child attains the age of 18 years, hence the respondent no. 2 i.e. the Director General of Police-cum-Commandant General, Bihar Home Guard, Patna may be directed

Patna High Court CWJC No.16173 of 2021(3) dt.24-04-2024 3/3 to take a final decision with regard to the same. 3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the respondent no. 2 to take a decision with regard to payment of additional pension to the petitioner to the tune of Rs. 5,000/-, per month, as aforesaid, by passing a reasoned and a speaking order, within a period of six weeks of receipt/production of a copy of this order.

4.

The writ petition stands disposed off on the aforesaid terms.

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