Mostt. Shabnam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14361 of 2024 ====================================================== Mostt. Shabnam Kumari Wife of Late Manish Kumar (Daughter-in-law of Late Suraj Kumari), Resident of Village- Sadanandpur, Ward No. 01, Police Station- Balia, District- Begusarai. Presently residing with her parental house, at Ghosaith, Police Station- Piri Bazar, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Health Department, Government of Bihar, Patna.

2.

The Director-in-Chief, Health Services, Government of Bihar, Patna. 3.

Regional Deputy Director, Health Services, Begusarai. 4.

The Civil Surgeon-cum-Chief Medical Officer, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Vinay Pd. Singh, Adv For the Respondent/s :

Mr.Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ application has been filed for directing the Respondent authority to pay the salary of the deceased employee from 09.02.2014 to 17.09.2015.

3. Learned Counsel for the petitioner submits that inadvertently, petitioner could not file representation prior to filing of the present writ petition, therefore, he seeks permission to withdraw the present writ petition with liberty that she may file a representation before the Civil Surgeon-cum-Chief Medical Officer, Begusarai(Respondent No. 4) and the same

Patna High Court CWJC No.14361 of 2024(2) dt.23-09-2024 2/2 shall be directed to dispose of the matter in accordance with law.

4. Learned Counsel for the State submits that there is nothing on record by which it becomes clear that petitioner herself is the only daughter in law of the deceased.

5. In this view of the matter, the present writ petition is disposed of directing the petitioner to file a representation with substantive proof that she is the only daughter-in-law of the deceased employee as well as petitioner shall also produce the other documents by which it shall be ascertained that she is the sole legal heir and representative of the deceased mother-inlaw within 30 days before the Respondent No. 4 and the Respondent No. 4, upon filing of the representation filed by the petitioner shall pass reasoned and speaking order within 90 days thereafter.

(Dr. Anshuman, J) Sunnykr/- U