Patna High CourtMJC/214/2015disposed

Janki Devi v. The State Of Bihar And ORS

2016-04-06Mr. Justice Samarendra Pratap Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.214 of 2015 In Civil Writ Jurisdiction Case No. 4485 of 2009 ====================================================== Janki Devi, Wife of Late Narbadeshwar Prasad Singh, Resident of VillageGaush Ganj, P.O.-Chowk, Ara, P.S.-Town Police Station, Ara, DistrictBhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna., Patna Sri Anjani Kumar Singh

2. The Principal Secretary, Home Police Department, Government of Bihar, Old Secretariat, Patna Sri Amirsubhani

3. The Director General-cum-Inspector General of Police, Government of Bihar, Old Secretariat, Patna Sri P.K. Thakur

4. The Additional Director General of Police, Muzaffar, Sri Paras Nath

5. The Deputy Inspector General of Police, Betihia, Sri Gopal Prasad

6. The Superintendent of Police, Betiaha, Bihar, Sri Saurabh Sah

7. The Director, Provident Fund, Patna Bhawan, Bailey Road, Patna, Sri S.K. Sinha.

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

For the Petitioner/s : Mr. Surendra Mishra For the Respondent/s : Mr. S. M. Ehtesham ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 06-04-2016 The instant petition has been filed in compliance of the order, dated 12.09.2013, passed in C.W.J.C. No. 4485 of 2009. The petitioner sought payment of retrial benefit as well as correction of date of birth in the service book of her late husband as per matriculation certificate.

The writ application was disposed of with the following direction:- "Having regard to the fact that late

Patna High Court MJC No.214 of 2015 (3) dt.06-04-2016 2/3 Narbadeshwar Prasad Singh died in the year 2008 due to ailment, the petitioner would be at liberty to represent her case for correction of date of birth in service book of her late husband as per Matriculation certificate before the Deputy Inspector General of Police (Personnel), Head Quarter, Patna who would pass necessary orders within three months thereof."

Show-cause has been filed by the opposite parties annexing copy of the order, dated 23.06.2015, passed by the D.G.P., Bihar. The order is in two parts. So far as correction of date of birth is concerned, the prayer of the petitioner was rejected. So far as payment of retiral dues is concerned, the same is directed to be fixed accordingly.

Learned counsel submits that as against the total dues of Rs.16,19,187/- a sum of Rs.7,78,771/- has been paid vide Cheque No. 333089, dated 22.06.2009 and the balance amount of Rs.8,40,416/- has not yet been paid.

I find that the Accountant General's office has repeatedly written letters to the S.P., West Champaran, Betiah for payment of retiral dues of the petitioner. The contempt application is disposed of with a direction to S.P., Betiah to ensure payment of remaining admitted dues of the petitioner within two months from

Patna High Court MJC No.214 of 2015 (3) dt.06-04-2016 3/3 the date of receipt of the order. It is further directed that the pension of the petitioner should be fixed within the same period. Let a copy of this order be forwarded to the D.G.P., Bihar as well as the Secretary, Home (Police) Department, Government of Bihar.

(Samarendra Pratap Singh, J) kunal/- U