Ramjhari Devi @ Ramzrariya Devi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13829 of 2019 ====================================================== Ramjhari Devi @ Ramzrariya Devi, Wife of Late Ram Nandan Rai, Resident of Khagaul Road, Gardanibagh, P.S.- Gardanibagh, District-Patna 800012. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Secretary, Building Construction Department, Government of Bihar, Patna.

3.

The Chief Engineer- Patna, Building Construction Department, Government of Bihar, Patna.

4.

The Superintending Engineer, South Bihar Circle, Building Construction Department, Patna.

5.

The Executive Engineer, Patna Building Division, Budh Marg, Building Construction Department, Patna.

6.

The Accountant General, Patna, Bihar.

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

For the Petitioner/s :

Mr.Zaki Haider For the Respondent/s :

Mr.Manoj Kumar Ambashtha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has approached this court for a direction upon the respondent authorities to grant the family pension in favour of the petitioner and pay the same and other death-cum-retiral benefits such as gratuity, earned leave and arrears of family pension along with 9% interest to the petitioner from the date the same becomes due till the date of payment. A supplementary counter affidavit has been filed on behalf of respondent no. 5 is on record and in paragraph 6, it is

Patna High Court CWJC No.13829 of 2019(4) dt.13-01-2021 2/2 stated that for fixation family pension sanction order has already passed including for payment of gratuity amount the same has been forwarded to Accountant General vide letter no. 7197 dated 31.07.2019.

Learned counsel for the State submits that the grievance of the petitioner has already redressed. However, if the petitioner has any grievance with regard to the non-payment of any dues, he is directed to file a representation before the respondent no. 1, the Principal Secretary, Building, Government of Bihar, Patna and respondent no. 1 would be obliged to consider the same within a period of 45 days of its filing and pass a reasoned and speaking order in accordance with law. It is made clear that respondent no. 1 would be solely responsible for non-compliance of this order within the stipulated period as aforesaid.

With the aforesaid observation/direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) amitkumar/- U