Patna High CourtCWJC/725/2016disposed

Mina Devi v. The State Of Bihar And ORS

2016-09-17Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.725 of 2016 ====================================================== Mina Devi Wife of Late Janak Singh Resident of village - Daranv, P.O. Bansdih, P.S. Bansdih, District Ballia - 277202 Uttar Pradesh ... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat Building, Patna

2. The Director General of Police, Bihar, Patna

3. The Superintendent of Police, West Champaran, Bettiah

4. The Superintendent of Rail Police, North Gandhi Maidan Patna 800 001

5. The Accountant General ( A & E ), Bihar, Patna .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Jai Vardhan Narayan, Advocate For the State : Mr. AK Rahi, AC to GP 21 For the AG : Mr. Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the parties.

Petitioner is the widow of Late Janak Singh, ASI, Government Railway Police, who died in harness on 21.11.2014 in MJK Hospital, Bettiah.

The petitioner has raised two fold grievances. She submits that she is not being paid adequate pension. Secondly, she should have been paid compensation of Rs.10 lacs as per the policy decision of the Government, dated 10th October, 2013, contained in Annexure B to the counter affidavit. Learned counsel appearing for the petitioner submits that the petitioner's husband got injury in his legs while chasing the criminals from which he never recovered and died in the hospital. On this basis, she has put a claim for compensation under the aforesaid policy. It appears from paragraph 5 of the

Patna High Court CWJC No.725 of 2016 (3) dt.17-09-2016 2/2 writ petition that family pension of the petitioner has been fixed at Rs.18,160/- per month, bearing Applicatin ID No. PEN 190615066065. It further appears from paragraph 6 that her husband was getting Rs.44,000/- (approx) per month as salary at the time of his death.

On this premises, learned counsel for the State submits that the petitioner is getting due pension. Having heard learned counsel for the parties, the writ petition is disposed of with the following observations:- Petitioner would be at liberty to make a detailed representation to the Director General of Police, Bihar in respect of her claim of Rs.10 lacs which would be disposed of within three months from the date of receipt of the representation. Petitioner would mention all the foundational facts for putting her claim under the policy decision of the Government. Petitioner would make separate representation in respect of retiral dues of her late husband, not paid so far, before the Superintendent of Police, West Champaran at Bettiah, who would duly examine such claim of the petitioner within three months from the date of receipt of the representation. (Samarendra Pratap Singh, J) Shashi.