Reena Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12113 of 2014 ======================================================

1. Reena Kumari daughter of late Veen Paul, Ex Nurse, Grade 1, Guru Govind Singh Hospital, Patna. At present Flat no. 2A, Shivam Kutir Appt. Road No.1, P.S. Shastrinagar, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Finance Dept. Government of Bihar

2. The Director in Chief, Health Services, Patna Government of Bihar.

3. The Regional Dy. Director, Health Service, Patna Division, Patna Bihar

4. Superintendent, Guru Govind Singh Hospital, Patna City, Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyam Narayan Pandey, Advocate For the Respondent/s : Mr. Anil Kumar Sinha, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-07-2016 Heard learned counsel for the parties.

The petitioner is admittedly, daughter of late Veena Paul, who died in harness, while working as ANM, Grade-1 in Guru Govind Singh Hospital, Patnacity under the Health Department.

There appears to be no dispute that on the ground that the petitioner being divorcee, has been appointed as Clerk on compassionate ground by an order, dated 27.06.2011.

The claim of the petitioner is that she is entitled for family pension from the date of death of her mother till the date she was given compassionate appointment. It has been

stated in the writ application that the petitioner had applied for family pension for the said period in the year 2012. According to him, no decision has been taken so far in the matter.

In the facts and circumstances of the case, I direct the Superintendent, Guru Govind Singh Hospital, Patna City, Bihar to take a final decision on the petitioner's representation for grant of family pension for the aforesaid period within a period of two months from the date of receipt/production of a copy of this order. If the petitioner is found entitled to family pension for the said period, necessary sanction order must be issued within two weeks thereafter. In that case, the Accountant General, Bihar, Patna will be required to issue Pension Payment Order within a period of 45 days, after receipt of the sanction order. If, however, the Respondent No.4 is of the view that the petitioner is not entitled for family pension, he will be required to pass speaking order in this regard, which must be supplied to the petitioner within a period of two months from the date of receipt/production of a copy of this order. This disposes of the application.

(Chakradhari Sharan Singh, J) ArunKumar/- U