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Patna High CourtCWJC/2847/2015disposed

Lila Devi v. The State Of Bihar And ORS

2015-02-19Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2847 of 2015 =========================================================== Lila Devi Wife of Late Chandrakat Singh R/o Sadar Bazar, Back Side of Western Gate of Marwari Dharamshala P.O. + P.S. jamalpur, District Munger .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary Cum Commissioner Urban Development Department, Govt of Bihar, Patna

3. The Collector cum District Magistrate, Munger

4. The Chairman Jamalpur Nagar Parishad Jamalpur, Munger

5. The Executive Officer, Jamalpur Nagar Parishad, Jamalpur, Munger .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Respondent/s : Mr. Ritesh Kumar, SC33 =========================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT Date: 19-02-2015 Heard learned counsel for the parties as with regard to solitary relief prayed in this writ application relating to grant and payment of family pension to the petitioner, the wife of late Chandrakant Singh, the Tax Collector, Jamalpur Municipality, Munger.

From the averments made in this writ application particularly paragraph no.5 thereof, it would transpire that the husband of the petitioner had retired from service on 31.1.1997 and thereafter had been paid his all retirement benefit and was also getting monthly pension. If that be the true state of affairs, the respondents will also be liable to consider the claim of the petitioner for grant of

Patna High Court CWJC No.2847 of 2015 dt.19-02-2015 family pension.

In that view of the matter, this Court would direct the respondent no.5, the Executive Officer, Jamalpur Nagar Parishad, Jamalpur, Munger to examine the claim of the petitioner for payment of arrear and current amount of family pension to the petitioner with effect from 6.8.2012 when the husband of the petitioner is said to have died.

This Court hopes and believes that this exercise will be completed within a period of three months from the date of receipt of this order.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U