Aisha Siddiqua v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6680 of 2018 ====================================================== Aisha Siddiqua, Wife of Late Md. Hasib Akhtar, Retired University Professor, Rajendra. Agriculture University, Pusa, posted at Bihar Veterinary College, Patna, Resident at Flat No. 3-4, Ali Enclave, Ashyana-Digha Road, Patna, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Agriculture, Government of Bihar, Patna.

2.

The Vice Chancellor, Dr. Rajendra Prasad Central Agriculture University, Pusa.

3.

The Registrar, Dr. Rajendra Prasad Central Agriculture University, Pusa. 4.

The Dean-cum-Principal, Bihar Veterinary College, Patna. 5.

The Controller, Dr. Rajendra Prasad Central Agriculture University, Pusa. 6.

Bihar Agriculture University, Sabour, Bhagalpur. 7.

Bihar Animal Sciences University, Veterinary College Campus, Patna-14. 8.

The Principal Secretary, Animal and Fisheries Resources Department, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shahabuddin Azeem @ S. Azeem For the Respondent/s :

Mr.Servesh Kr.Singh -Aag13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2020 Heard the learned counsel for the petitioner, Mr. Sarvesh Kumar Singh, the learned A.A.G.-13 and Mr. Sanjeev Kumar, the learned counsel appearing on behalf of respondent no.7 through video conferencing.

The petitioner in this writ petition seeks direction to the Vice-Chancellor, Rajendra Agriculture University, Pusa as well as the Dean-cum-Principal, Bihar Veterinary College, Patna directing the concerned authority to pay family pension as well

Patna High Court CWJC No.6680 of 2018(11) dt.09-07-2020 2/3 as revised family pension as on date in accordance with law along with gratuity and other admitted dues with statutory interest to the petitioner after the death of her husband Dr. Md. Hasib Akhtar on 15.07.2017, received pension up to the month of June, 2017. The petitioner further seeks direction to respondents to issue fresh P.P.O. with up to date revised pension and other admissible dues of the pension in terms of 6th and 7th Pay Revision Commission report.

The respondent no.1 filed counter affidavit and in para 7 of the counter affidavit stated that vide letter no.117, dated 04.05.2018 that Bihar Veterinary College, Patna is constituent unit of Bihar Veterinary Science University, Patna from June, 2017. The respondent no.7 in its counter affidavit in para 5, 6 and 7 stated that vide office order no.161, dated 18.08.2018, necessary sanction has been accorded for payment of 30% family pension to the petitioner on the basis of last basic salary drawn + D.A. admissible on that. The entire arrear which comes to Rs.3,54,207/- has already been deposited. The 7th pay revision has not been made applicable to the staff and officers of the Veterinary Science University.

Having considered the submissions of the respondent no.7 that all the retiral dues and family pension have been paid

Patna High Court CWJC No.6680 of 2018(11) dt.09-07-2020 3/3 to the petitioner after the death of the husband of the petitioner, in this view of the fact, I find that the writ petition has become infructuous. Accordingly, the same is disposed of with an observation that if the petitioner still has got any grievance, the petitioner may file petition before the Vice-Chancellor, respondent no.7, Bihar Animal Science University who shall dispose of the representation of the petitioner within three months from the date of filing of such representation by a reasoned order.

The writ petition stands disposed of accordingly. (Prabhat Kumar Jha, J) S.KUMAR/- U