Mandavi Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2913 of 2012 ====================================================== Mandavi Devi Wife Of Late Shyambabu Singh Yadav Resident Of VillageMathura Chak, P.S.-Bidupur, District-Vaishali ... ... Petitioner

Versus

1.

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

2.

Regional Deputy Director, Health Services, Tirhut Division, Muzaffarpur 3.

Civil Surgeon Cum Chief Medical Officer, Vaishali At Hazipur 4.

Incharge Medical Officer, Principal Health Centre, Mahnar, Vaishali 5.

Incharge Medical Officer, Additional Primary Health Centre, Chamarhara Mahnar Vaishali 6.

District Treasury Officer, Vaishali 7.

District Provident Fund Officer, Vaishali 8.

Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar, Advt.

For the Respondent/s :

Mr. Ajay Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 4.

20-02-2020 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

After some detailed arguments, the petitioner's counsel confines himself to submit that at least the Respondent should have made payment of amounts due and admissible to the petitioner under the heading Group Insurance and deposit made in the General Provident Fund Accounts by her husband. To that submission, this Court would observe that the State and its authorities cannot indulge in unjust enrichment,

Patna High Court CWJC No.2913 of 2012(4) dt.20-02-2020 2/2 and if amounts are due under these heads the same must be paid. Since the petitioner's husband, who was the employee, has long back, i.e. on 26.08.2005 passed away, the petitioner would not be in a position to give the details of the deposits. The Respondent No.3, therefore, is hereby directed to ascertain and compile the legitimate dues of the petitioner under these two heads and make payment of the same with up-to-date statutory interest till date of payment along with the details of calculation of the amounts being paid.

Let the entire exercise be completed within six (06) months from the date of receipt/production of a copy of this order.

The writ petition stands disposed off.

(Madhuresh Prasad, J) shyambihari/- U