Sheela Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12183 of 2011 ======================================================

1. Sheela Devi W/O Late Ram Rup Ram, R/O Mohalla- Chhatradhari Bazar, P.O. and P.S.- Bhagwan Bazar, Distt.- Chapra (Saran) .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Old Secretariat, Patna

2. The Principal Secretary Deptt. Of Finance, Govt. Of Bihar, Patna

3. The Principal Secretary, Deptt. Of Health, Govt. Of Bihar, Patna

4. The Director-In-Chief, Health Services, Bihar, Patna

5. The Civil Surgeon-Cum-Chief Medical Officer, Saran At Chapra

6. The District Magistrate, Saran At Chapra

7. The Treasury Officer, Saran At Chapra .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Alok Kumar Sinha, Advocate. For the Respondent/s : Mr. Mayank Rukhaiyar, AC to GA-1. ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 29-04-2015 Heard Dr. Alok Kumar Sinha, learned Counsel, appearing on behalf of the petitioner, and Mr. Mayank Rukhaiyar, learned Assistant Counsel to Government Advocate No.1, appearing for the respondents.

By filing an affidavit, dated 18th March, 2015, Director-in-Chief, Department of Health, Government of Bihar, has submitted before this Court that pursuant to the submissions made on behalf of the respondents before this Court and in compliance of the order, dated 18.02.2015, passed in this case, a Circular, bearing No.270, dated 26.02.2015, has been issued by the Finance Department, Government of Bihar, whereby it has

Patna High Court CWJC No.12183 of 2011 (7) dt.29-04-2015 2/3 been decided that in a case, wherein one of the working spouse dies, the surviving spouse will be paid dearness relief in addition to dearness allowance being paid to his/her pay. It also transpires from the affidavit that the Civil Surgeon, Saran, has been directed, vide letter, bearing Memo No.293 (4), dated 17.03.2015, of the Directorate, Health Services, Government of Bihar, to pay dearness relief to the writ petitioner, in the light of the Circular aforementioned.

Coupled with the above, the Treasury Officer, Saran, at Chapra, who is respondent No.7 in this writ petition, has also filed an affidavit on 18th March, 2015, whereby necessary direction has been issued to the Bank, namely, Central Bank of India and, in turn, the Central Bank of India has informed that the Bank would make payment of arrear of dearness allowance to the petitioner with her next pension bill.

Considering, therefore, the matter in its entirety and in the interest of justice, respondent No.3, namely, Principal Secretary, Department of Health, Government of Bihar, Patna, and respondent No.7, namely, Treasury Officer, Saran, at Chapra, are hereby directed to ensure that necessary payment to the petitioner be made in terms of the decision, which had been taken by the Government, within a period of two months from today.

Patna High Court CWJC No.12183 of 2011 (7) dt.29-04-2015 3/3 With the above observations and directions, this writ application shall stand disposed of.

(I. A. Ansari, J.) Mkr./- U