Most. Jaimun Nisha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17717 of 2016 =========================================================== Most. Jaimun Nisha, wife of Late Md. Hafiz, resident of village Mohalla - Raghopur, Bhayara, Ward No. 28, P.S. + District - Madhubani, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Urban Development Housing Department, Government of Bihar, New Secretariat, Patna

2. The Nagar Parishad, Madhubani through its Executive Officer.

3. The Executive Officer, Nagar Parishad, Madhubani .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashutosh Kumar Jha, Advocate For the Nagar Parishad : Mr. Purushottam Jha, Advocate : Mr. Vikash Kumar Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 17-03-2017 This writ application has been filed by the petitioner for issuance of a direction to the respondents to pay all the retiral dues of the husband of the petitioner.

2. Learned counsel for the petitioner submitted that the husband of the petitioner died in harness on 04.03.2016 while being posted as Safai Mazdoor in Ward No.30 of Nagar Parishad, Madhubani. After his death, the petitioner filed an application on 5th April, 2016 before the Executive Officer, Nagar Parishad, Madhubani for payment of death-cum-retiral benefits of her husband, but despite lapse of several months the retiral dues has not been paid.

3. Learned counsel appearing on behalf of the Nagar Parishad, Madhubani submitted that there is no dispute with respect to the facts stated above, but due to paucity of fund, the death-cum-

Patna High Court CWJC No.17717 of 2016 dt.17-03-2017 2/2 retiral benefits could not be released in favour of the petitioner so far. He submitted that efforts are being made to make payment of all the admissible dues to the petitioner from the resources of the Nagar Parishad.

4. I have heard learned counsel for the parties and perused the record.

5. It is well settled that paucity of funds cannot be an answer to justify denial of a claim which otherwise is just and honest claim.

6. Regard being had to the submissions made on behalf of the parties, the writ application is disposed of with a direction to the Executive Officer, Nagar Parishad, Madhubani to pay all the admissible dues to the petitioner within a period of four months from the date of receipt/production of a copy of the order failing which the petitioner would be entitled to receive interest at the rate of seven per cent per annum from the date the payment became due till the date of actual payment.

7. There shall be no order as to costs.

(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 21.03.2017 Transmission Date