Lalita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12833 of 2011 =========================================================== Lalita Devi W/o Nitya Nand Singh R/o Village- Mill Toala, Naugachia, P.O. and P.S.- Naugachia, Distt.- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Personnel and Administrative Reforms Department, Govt. of Bihar, Patna

3. The Joint Secretary, Finance Department, Govt. of Bihar, Patna

4. The District Magistrate, Bhagalpur

5. The Sub-Divisional Officer, Naugachi, Distt.- Bhagalpur.

6. The Anchaladhikari, Gopalpur, Distt.- Bhagalpur.

7. The Superintendent of Police, Naugachia, Dist.- Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shardanand Mishra, Adv. Mr. Dhananjay Kumar Gupta, Adv.

Mr. Harish Chandra Patel, Adv.

Mr. Rajiv Ranjan, Adv.

For the Respondent/s : Mr. Subhash Pd. Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 08-12-2015 Heard learned counsel for the parties.

Pursuant to order dated 30.10.2015, second supplementary counter affidavit has been filed on behalf of respondents no. 4 to 6, in which it has been stated and supporting documents also brought on record indicating that all admitted dues of the petitioner have been paid except for G.P.F. for which it has been stated that details with regard to deductions made from the salary of the late husband of the petitioner while

Patna High Court CWJC No.12833 of 2011 dt.08-12-2015 2/3 he was working at various other places are required. It is submitted that for the said purpose, the respondent no. 6 has written to his counterparts at the places where the late husband of the petitioner had worked and as soon as the statement is received, the amount of G.P.F. shall also be paid. It is stated that the provisional pension has also been fixed and sent to the District Account Officer, Bhagalpur and thereafter it will be sent to the Accountant General, Bihar, Patna for fixation of pension. In view of the aforesaid, the Court feels that the grievance of the petitioner stands redressed. Accordingly, the writ petition stands disposed off.

The respondents shall ensure that payment of G.P.F. and final pension is also made within three months from the date of production of a copy of this order upon the respondent no. 6. The respondent no. 6 shall communicate to his counterparts for sending the statements expeditiously in view of the order of the Court, failing which they shall also be liable for causing impediment in implementing the order of the Court. The respondent no. 6 shall also ensure that the final fixation of pension is also made by sending the matter to the Accountant General, Bihar within one month. Moreover, the petitioner shall also be at liberty to file a detailed representation before the respondent no. 6, if she finds any error either in the fixation of the retiral benefits or with regard to any dues having remained unpaid. If such a representation is filed within four weeks from

Patna High Court CWJC No.12833 of 2011 dt.08-12-2015 3/3 today along with a copy of this order, the respondent no. 6 shall look into the matter and pass a speaking order within three weeks thereafter.

(Ahsanuddin Amanullah, J.) P. Kumar U T