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Patna High CourtCWJC/11405/2023disposed

Jyoti Devi v. The State Of Bihar

2023-11-22Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11405 of 2023 ====================================================== Jyoti Devi, Wife of Late Neeraj Kumar, Resident of House No. 2, Road No. 12, New Alkapuri, P.S- Gardanibagh, Town and District- Patna- 800002. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Bhojpur, Ara.

3.

The District Education Officer, Bhojpur (Ara). 4.

The District Programme Officer (Establishment), Bhojpur, Ara. 5.

The Principal, Sanskrit Uchcha Vidyalaya, Ara (Bhojpur). 6.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Vinod Pandey, Advocate For the Respondent/s :

Mrs. Meera Singh, AC to GP-23 For the Accountant General :

Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 22-11-2023 Heard Mr. Vinod Pandey, learned counsel for the petitioner and Mrs. Meera Singh, learned counsel for the State. The Accountant General, Bihar is represented by Mr. Binod Kumar Labh, learned counsel.

2. The petitioner is the hapless widow of erstwhile employee Neeraj Kumar, who died in harness on 25.02.2022, filed the present writ petition seeking a direction upon the concerned respondents to compute and ensure payment of entire family pension and admissible post-retiral benefits.

Patna High Court CWJC No.11405 of 2023 dt.22-11-2023 2/3

3. Counter affidavits have been filed on behalf of the respondents stating therein that all the retiral benefits, including 90% provisional pension, gratuity and earned leave, have been paid to the petitioner. It is further submitted that the petitioner has also been allowed the benefit of 7th Pay Revision and in this way, the retiral claim, with respect to the deceased employee, has been redressed. It is also submitted that final family pension shall be started immediately.

4. At this juncture, learned counsel for the petitioner submits that the petitioner has not been handed over the calculation chart, so that she can verify as to under which head she has been allowed the benefits.

5. Considering the submissions made on behalf of the parties, the present writ petition stands disposed of with a liberty that if the petitioner is not satisfied with the calculation made by the respondent authorities and if there is still any due amount, she may file a proper representation before the respondent nos. 4 and 6 preferably within a period of one month from today.

6. In case, such representation is filed by the petitioner, the respondent authorities shall consider the same and

Patna High Court CWJC No.11405 of 2023 dt.22-11-2023 3/3 pass necessary order to ensure payment of remaining admissible dues within a further period of eight weeks from the date of filing of such representation.

7. This disposes the present writ petition.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.11.2023 Transmission Date NA