Most. Bhagwania Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3630 of 2016 =========================================================== Most. Bhagwania Devi wife of Late Chamari Yadav, resident of village - Karmine, Post Office + Police Station Anti, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Gaya, Bihar

2. The Collector, Gaya, Bihar

3. The Superintendent of Police, Gaya, Bihar

4. The Sub - Divisional officer, Tikari, Gaya, Bihar

5. The Circle Officer, Konch, Gaya, Bihar

6. Accountant General, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Tiwary, Advocate : Mr. Subhash Kumar, Advocate : Mr. Manoj Kumar Singh, Advodate For the State : Mr. Subhash Chandra Mishra, S.C.-16 : Mr. Pramod Kumar Singh, A.C. to S.C.-16 For the Accountant General : Mr. Sanjay Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 24-11-2016 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General, Bihar, Patna.

2. This application under Article 226 of the Constitution of India has been filed for issuance of a writ to the respondents to release the family pension along with other death-cum-retiral benefits in favour of the petitioner. The husband of the petitioner, who was

Patna High Court CWJC No.3630 of 2016 dt.24-11-2016 2/3 posted as Chaukidar of the village Karmine, P.O. and Post- Anti, District- Gaya, died in harness during the service period on 1.12.2012.

3. The writ petition was filed contending that after the death of the husband of the petitioner, she has not received any amount from the respondents and even family pension is not being paid to her.

4. It is submitted by the learned counsel for the State that during the pendency of the application in compliance with the earlier order dated 30th September, 2016, all the retrial benefits have been paid to the petitioner through cheque no.544128 dated 22.10.2016 amounting to Rs.4,25,161/-. It is also submitted that for release of family pension to the petitioner correspondence was already made by the Circle Officer, Konch to the Accountant General, Bihar, Patna.

5. Learned counsel for the Accountant General, Bihar, Patna has submitted that on examining the claim of the petitioner for grant of pension, a pension payment order in her favour has already been issued on 15th November, 2016. Though no counter affidavit has been filed on behalf of the Accountant General, Bihar, Patna, a copy of the pension payment order has been produced before the Court after supplying a copy of the same to the learned counsel for the petitioner. Let the same be kept on record.

6. Considering the submissions made by the learned counsel for the State and learned counsel for the Accountant General,

Patna High Court CWJC No.3630 of 2016 dt.24-11-2016 3/3 Bihar, Patna, learned counsel for the petitioner submits that as the grievances of the petitioner have already been redressed, the application may be disposed of.

7. In that view of the matter, the writ petition is disposed of.

(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.11.2016 Transmission Date