Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17903 of 2021 ====================================================== Usha Devi W/o Late Naresh Bihari resident of Nabtolia (Bindwara), J.R.S. College Road, P.O.- Munger, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Human Resources and Development, Government of Bihar, Patna. 2.

The Director, Higher Education Department, Government of Bihar, Patna. 3.

The Tilka Manjhi Bhagalpur University through its Vice Chancellor, Bhagalpur.

4.

The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 5.

J.R.S. College, Jamalpur P.O.- Jamalpur, District- Munger. 6.

The Principal, J.R.S. College, Jamalpur, P.O.- Jamalpur, District- Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Mohan Kumar For the Respondent/s :

Mr. Ram Vinay Pd. Singh, (Ac to Ga12) For the University :

Mr. Ashhar Mustafa, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2023 Learned counsel for the petitioner, counsel for the State and counsel for the University present. Counsel for the University seeks permission to file the supplementary counter affidavit in the Court itself. Permission granted.

By the said counter affidavit, the order dated 04.01.2023 has been complied in which it was directed to constitute a Committee to ascertain the case of the husband of the petitioner within 4 weeks.

By the said report, it transpires that the Committee

Patna High Court CWJC No. 17903 of 2021(5) dt.07-02-2023 2/2 was not agreed to provide the family pension to the petitioner but agree to provide the other benefits.

Counsel for the University further submits that the Vice Chancellor of the University become disagree on the opinion of the Committee and in strict compliance of Section 24 A(1) of the statute for grant of retirement benefits to employees to all the Universities in Bihar, the family pension and other retiral benefits of the petitioner according to the above said statute has been approved.

In this view of the matter, this application is disposed off directing the petitioner to file a fresh representation and within 6 weeks from the said representation, the University shall start the family pension to the petitioner and calculate the other retiral benefits for which he is entitled for and the retiral benefits shall also be paid within 8 weeks, thereafter. With the aforesaid direction, the writ application stands disposed off.

(Dr. Anshuman, J.) sadique/- U