Krishna Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10377 of 2014 ======================================================

1. Krishna Devi w/o Late Bishnudeo Prasad, Retired Ladies Health Visitor, Office of the Additional Chief Medical Officer, Saharsa, presently residing at Firangi Rai Lane, Naya Tola, Bhikhanpur, Bhagalpur, P.S. + District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The Principal Secretary, Department of Health, Government of Bihar, Patna

3. The Director - in - Chief, Health Services, Bihar, Patna

4. The Regional Deputy Director, Health Services, Koshi Division, Saharsa

5. The District Magistrate - cum - Chairman, Pension Adalat, Saharsa

6. The Civil Surgeon - cum - Chief Medical Officer, Saharsa

7. The Additional Chief Medical Officer, Saharsa

8. The Treasury Officer, Saharsa

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

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. Jitendra Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-07-2016 Heard learned counsel for the parties.

The present application has been filed seeking direction to the respondents to make payment of pensionary dues which the petitioner is entitled to after her superannuation as Lady Health Visitor with effect from 31.05.2013.

This is not in dispute that during the pendency of this application, most of the grievances of the petitioner have been redressed.

Mr. Pramod Mishra, learned counsel appearing on behalf of the petitioner has, however, submitted that the petitioner is entitled to interest for delayed payment. He also submits that the petitioner may be given liberty to raise any dispute if the amount what has been paid to her is found to be less than her actual entitlement.

After having gone through the pleadings on record, I do not find it to be a fit case for allowing interest on delayed payment.

However, so far as the submission made on behalf of the petitioner that the petitioner should be given liberty to raise her grievance for claiming payment because of less payment having been made than her actual entitlement, it is observed that if such grievance is raised by the petitioner before the Civil Surgeon-cum-Chief Medical Officer, Saharsa, within a period of one month from today, the Civil Surgeon will look into the grievance of the petitioner, consider it and decide it within a period of one month thereafter This application stands disposed of accordingly. It goes without saying that the petitioner shall be entitled to interest up to date on the amount of G.P. F, i.e., till the date of actual payment of the said amount. (Chakradhari Sharan Singh, J) ArunKumar/- U