Asha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7585 of 2014 ====================================================== Asha Kumari wife of late Jagdish Prasad Gupta resident of village Naya Tola, P.S. Danapur, Dist - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Home Department, Old Secretariat, Patna.

2. The District Magistrate, Patna.

3. The Superintendent of Police, Patna.

4. The Inspector General of Home Special Department (Jail) Old Secretariate, Patna.

5. The Jail Superintendent Phulwarisharif Camp Jail, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Respondent/s : Mr. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-10-2016 Heard.

The petitioner is the widow of late Jagdish Prasad Gupta and has filed the writ application for grant of family pension under the J.P. Senani Samman Scheme (for short "The Scheme") enforced by the Government vide Resolution dated 5.06.2009 (Annexure-A).

A counter affidavit is filed on behalf of the respondent. It is stated that the scheme does not provide for grant of family pension. It is further stated that the husband of the petitioner was not incarcerated for required length of time under the two penal enactments.

Patna High Court CWJC No.7585 of 2014 (2) dt.20-10-2016 2/2 On perusal of the Resolution (Annexure-A), it appears that there is no provision for grant/payment of family pension under the said Scheme.

In view of the above, the Court does not find any merit in the case. Dismissed.

(Kishore Kumar Mandal, J) rohit/- U