Sheokali Devi @ Mosmat Sheokaliya Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3819 of 2014 ====================================================== Sheokali Devi @ Mosmat Sheokaliya Devi, wife of Late Satyadeo Raut, Resident of Jagjeevan Nagar, Bettiah, Ward No. 27, Police Station- Bettiah Town, District- West Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, West Champaran at Bettiah

3. The Executive Officer, Bettiah Town Municipality, District- West Champaran

4. The District Provident Fund Officer, Bettiah, District- West Champaran

5. The Accountant General, Bihar, Beerchand Patel Marg, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Respondent/s : Mr. AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

30-01-2015 Heard learned counsel for the petitioner, learned AC to AAG-13 as well as Sri Dhananjay Kumar, who has appeared on behalf of Respondent no.3/ Bettiah Town Municipality (correctly Bettiah Nagar Parishad).

The petitioner, who retired as Sweeper on 31.08.2011 from Bettiah Nagar Parishad, has approached this Court invoking its writ jurisdiction with a prayer to direct the Respondents to make payment of her retiral dues.

Instead of asking learned counsel for Bettiah Nagar Parishad to obtain instruction and file counter affidavit, the Court proposes to dispose of the present writ petition granting liberty to

Patna High Court CWJC No.3819 of 2014 (2) dt.30-01-2015 2/2 the petitioner to file a detailed representation before Respondent no.3/ Executive Officer, Bettiah Nagar Parishad, District- West Champaran within a period of eight weeks from today. If such representation is filed by the petitioner within time, Respondent no.3 is required to examine the grievances of the petitioner and if Respondent no.3 considers the grievances of the petitioner as genuine, he is required to take all steps for making payment of retiral dues of the petitioner within a period of two months from the date of filing of such representation. Even in case of refusal, Respondent no.3 is required to pass a speaking order and communicate the same to the petitioner within aforesaid time. With above observation and direction, the writ petition stands disposed of.

It goes without saying that the petitioner shall be entitled to get statutory interest as permissible under the law. (Rakesh Kumar, J) NKS/- U