Shakuntala Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14594 of 2012 ======================================================

1. Shakuntala Devi W/O Late Kumar Chand Prasad Resident Of VillagePandaul, P.S.- Pandaul, District- Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Rural Works Department, Government Of Bihar, Patna

3. The Aviyanta Pramukh, Gas, Government Of Bihar, Patna

4. The Superintendent Dengineer, Gas Office, Gaya

5. The District Magistrate, Jehanabad, District- Jehanabad

6. The Executive Engineer, Rural Works Department, Work Division, Jehanabad

7. The District Provident Fund Officer, Jehanabad, District- Jehanabad

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

For the Petitioner/s : Mr. Saroj Kumar For the Respondent/s : Mr. Amit Prakash, GA-13 With Mr. Rajeev Shekhar, AC to GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-08-2016 Heard learned counsel for the parties.

The petitioner claims to be the widow of late Kumar Chand Prasad, who died in harness, while working as Accounts Clerk on 11.03.1995.

This application has been filed seeking direction for payment of death-cum-post retrial dues including Family pension, Gratuity, General Provident Fund amount and Group Insurance amount. The petitioner also seeks direction for payment of cash equivalent to unutilized earned leave. It appears that during the pendency of this

application, General Provident Fund amount and Group Insurance amount have been paid.

Learned counsel for the petitioner submits that only part Provident Fund amount has been paid to the petitioner. So far as Provident Fund amount is concerned, I direct the District Provident Fund Officer, Jehanabad, to ensure that a calculation chart containing details of Provident Fund account of the deceased employee including interest part be furnished to the petitioner within a period of four weeks from today.

There is no dispute over payment of Group Insurance Amount.

As regards payment of Family pension and Gratuity, learned counsel appearing on behalf of the Respondents State of Bihar, has very fairly submitted that there has been some delay but payments shall be expedited and entire admissible dues against Family pension and Gratuity shall be sanctioned in favour of the petitioner within a period of four weeks from today. It is directed, accordingly. It is further directed that the office of the Accountant General shall ensure issuance of necessary authority slips immediately after receipt of sanction orders for payment of Pension and Gratuity.

As regards payment of Leave encashment, the

Executive Engineer, Rural Works Department, Work Division, Jehanabad, will be required to consider the said claim and pass necessary speaking orders, if according to him, no amount is admissible to the petitioner against the said head. This application stands disposed of with the above observations and directions.

(Chakradhari Sharan Singh, J) ArunKumar/- U