Nilofar Jehan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10466 of 2016 =========================================================== Nilofar Jehan W/o Late Hamidul Haque, residing at Nawab Bahadur Road, Nawab Bahadur Colony, Jhauganj, P.S. - Khajekala, District- Patna at present residing at Sir Sayed Colony, Road No. 9, New Karimganj, Opp. Star Apartment, P.S.Civil Line, District Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Agriculture Production Commissioner, Govt. of Bihar, Patna.

2. The Agriculture Production Commissioner, Govt. of Bihar, Patna.

3. The Joint Agriculture Director (Shashy) Patna Division, Patna.

4. The District Magistrate, Bhojpur(Ara), District Bhojpur.

5. The Addl. Collector cum District Panchayat Raj Officer, Bhojpur (Ara).

6. The Bihar State Agriculture Marketing Board, Patna.

7. The Addl. Collector (Naxal) cum District Panchayat Raj Officer, Bhojpur (Ara).

8. The Block Development Officer, Piro, Bhojpur (Ara).

9. The Project Executive Officer, Kudra, Kaimur (Bhabhua).

10. The Accountant General, Govt. of Bihar, Patna. .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. Deepak Kumar For the State Mr. Manish Dhari Singh AC to GA 7 For the Accountant General Mr. Manikant MIshra For respondent 1 to 5 and 7 to 9 Mr. S.S. Pd. Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 22-10-2016 Heard the counsel for the petitioner, the State as well as the counsel for the Accountant General.

The counsel for the Accountant General states that he has no role until the sanction is made by the State respondent. The husband of the petitioner was absorbed in the State Government as Panchayat Secretary. While in service he died on 07.01.2014. As pension and other retiral dues have not been sanctioned the present writ application is filed. Mr. Mishra after making submissions at some length states that the

Patna High Court CWJC No.10466 of 2016 dt.22-10-2016 2/2 petitioner would be satisfied if the application is disposed of permitting the petitioner to file a representation for payment of the admissible post retiral dues before the respondent District Magistrate who is commanded to consider and take appropriate decision thereon within a time-frame. Having heard the parties, the writ application is disposed of permitting the petitioner to file a representation before the respondent District Magistrate for sanction/payment of the post retiral dues to her. If any such application is filed within 04 weeks, the respondent District Magistrate will consider the same and take appropriate decision thereon and/or pass appropriate order in accordance with law as quickly as possible preferably within 02 months of such filing. (Kishore Kumar Mandal, J) HR/- AFR/NAFR NAFR CAV DATE Uploading Date 25.10.2016 Transmission Date