Alakh Rani Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4880 of 2014 In Civil Writ Jurisdiction Case No. 13680 of 2013 ======================================================

1. Alakh Rani Devi aged about 66 years W/o Late Yamuna Prasad Singh, resident of village Harli, Police station- Manpur, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar .

2. Sri R.K. Khandewal, the Divisional Commissioner, Magadh Division, Gaya.

3. Sanjay Kumar Agrawal, the District Collector, Gaya.

4. Sri Jyoti Kumar, Sub Divisional Commissioner, Sherghati, DistrictGaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Prasad, Advocate Mr. Lalitesh Mani, Advocate For the State : Mr. Abhijit Sinha, AC to SC14 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-06-2015 Heard learned counsel for the petitioner as well as learned counsel, appearing for opposite parties. Learned counsel, appearing for the petitioner submits that the payment of group insurance has not been made to the petitioner in accordance with resolution No. 4185-B(2) dated 13-07-1985 which says that if, an employee dies after completion of 29 years of service, the heirs of the aforesaid employee shall be entitled to get 75% of deposited amount with compoundable interest @ 12.5% and so far as the petitioner is concerned; the payment of group insurance has been made to her, violating the above-said

Patna High Court MJC No.4880 of 2014 (6) dt.24-06-2015 2/2 resolution. It is further submitted on behalf of the petitioner that the payment has been made after more than 17 years but no interest, on delayed payment was made to the petitioner. In my view, this contempt petition may be disposed off with direction to the opposite parties, particularly, opposite party No. 3 to look into the grievance of the petitioner, taking note of resolution No. 4185-B(2) dated 13-07-1985 and shall also to ensure the payment of interest on account of delayed payment on the basis of the principles, as laid down by Apex Court of this country in the case of D.D. Tewary (Dead) through Legal Representatives Vs Uttar Haryana Bijli Vitran Nigam Ltd. & Ors. reported in (2014) 8 SCC 894 within three months from today.

With the aforesaid observations/directions, this contempt petition stands disposed off, giving liberty to the petitioner that if, the opposite parties, particularly, opposite party No. 3 fails to comply with the order of this court, the petitioner may file a fresh contempt petition against the erring officials. (Hemant Kumar Srivastava, J) A.K.V./- U