Dula Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15308 of 2023 ====================================================== Dula Devi Wife of Late Krishna Mohan Sharma, R/o Mirma Chak Milki, Bihpur, PO and PS-Bihpur, District-Bhagalpur. ... ... Petitioner/s

Versus

1 .

The State of Bihar through Additional Chief Secretary, Education Department, Government of Bihar, Patna 2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna 3 .

The Secretary, Education Department, Government of Bihar, Patna 4.

The Special Secretary-cum-Director (Administration), Education Department, Government of Bihar, Patna 5 .

The Director Primary Education, Education Department, Government of Bihar, Patna 6.

The Regional Deputy Director of Education (RDDE), Bhagalpur. 7.

The District Education Officer, Banka 8 .

The District Programme Officer, Establishment, Education Department, Banka 9.

The Block Education Officer, Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Advocate For the Respondent/s :

Mr. Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-12-2024 Heard learned counsels for the parties.

2. This writ application has been filed for quashing of office order contained in memo no. 121 dated 16.01.2018 issued by District Programme Officer (Establishment), Banka by which the period when husband of petitioner was under

Patna High Court CWJC No.15308 of 2023(2) dt.16-12-2024 2/3 medical treatment was ordered to be treated as breakage in service for payment of retrial dues of the husband of the petitioner and for directing the respondent to make payment of GPF, full pension and other retrial benefits and for revising the retrial dues of the husband of this petitioner in pursuant to 6th and 7th revise pay scale and family pension of the pension . 3 . After some arguments, learned counsel appearing on behalf of the petitioner requests for disposal of the present writ application granting liberty to the petitioner to raise her grievances by filing fresh representation before the Additional Chief Secretary, Education Department, Government of Bihar, Patna (Respondent No. 2), along with all the necessary documents and details in support of her claim.

4. In view of the limited nature of prayer, this writ application is disposed of with liberty to the petitioner to file detailed representation before the Additional Chief Secretary, Education Department, Government of Bihar, Patna (Respondent No. 2) along with all the necessary documents and details in support of her claim within a period of four weeks from today.

5 . In the event the petitioner files her representation within the stipulated period, the Additional Chief Secretary,

Patna High Court CWJC No.15308 of 2023(2) dt.16-12-2024 3/3 Education Department, Government of Bihar, Patna (Respondent No. 2) shall dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, preferably within a period of three months from the date of filing of the representation .

(Prabhat Kumar Singh, J) Koushik/- U