Jagmato Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7709 of 2015 =========================================================== Jagmato Devi Wife of Late Nand Kishore Prasad Yadav, resident of Road No. 7A, Indira Nagar, P.S.-Jakkanpur, District-Patna. .... .... Petitioner/s

Versus

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

2. Director General of Police, Bihar, Patna.

3. Deuty Inspector General of Police, Administration, Bihar, Patna.

4. Superintendent of Police, Gopalganj.

5. Accountant General, (A and E) Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 08-05-2018 Heard learned counsel for the petitioner; State and Accountant General.

2. The petitioner had moved the Court for the following reliefs:

" That the present application is for issuance of a writ in the nature of writ of mandamus for directing the respondent authorities to grant extraordinary family pension to the petitioner, on account of murder of her husband on duty as given to other similarly situated persons. And/or pass such other order or orders as this Hon'ble Court may think fit and proper."

3. In terms of the order of the Court dated 28.11.2017, supplementary counter affidavit has been filed on behalf of

Patna High Court CWJC No.7709 of 2015 dt.08-05-2018 2/2 respondent no. 1 in which the order of Ex gratia Committee of the Home Department (Police Wing), Government of Bihar dated 18.12.2017 recommending payment of extraordinary pension to the petitioner followed by the communication to the Accountant General dated 21.03.2018 for such payment, have been brought on record.

4. In view thereof, the writ petition having served its purpose stands disposed off. However, in view of submission of learned counsel for the petitioner, no authority has been issued by the Accountant General and, thus, no payment made to the petitioner, learned counsel for the Accountant General submitted that if authority has not been issued, the same shall be done within one week. Thus, the Court would only observe that the same be done latest within one week from today and thereafter, the authorities concerned shall ensure that actual payment is also made to the petitioner within two months from the date of issuance of the authority by the Accountant General, after completing all the required legal formalities, in accordance with law.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U