Jaliya Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20495 of 2013 =========================================================== Jaliya Devi Wife of Late Sukan Sahu Resident of Village + P.O.- Mahthaur Khurd, P.S.- Phulparas, District - Madhubani .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna

2. The Principal Secretary, Department of Education, Government of Bihar, Patna

3. The District Education Officer, Madhubani

4. The District Programme Officer (Establishment), Madhubani

5. The Block Education Officer, Block - Khutauna, District - Madhubani

6. The District Provident Fund Officer, Madhubani

7. The Accountant General, Bihar, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Respondent/s : Mr. Krishnachandra Jha, AC to AAG-8 For the Respondent-AG : Mr. Satyendra Kumar Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 12-01-2017 The instant writ application has been filed by the petitioner for a direction to be issued to pay her family pension and provident fund amount.

2. The case of the petitioner is that her husband retired from the post of Assistant Teacher, Primary School, Parsahi, Madhubani on 02.02.1994 and, subsequently, he died in the year 1996.

3. In the counter affidavit filed on behalf of the Accountant General, it has been stated that after receipt of the updated service book along with pension papers on 21.11.2016 from the concerned department, family pension and death-cum-

Patna High Court CWJC No.20495 of 2013 dt.12-01-2017 2 / 2 retirement gratuity has been authorized in favour of the petitioner, vide letter dated 25th November, 2016.

4. Learned counsel for the State referring to the counter affidavit filed on behalf of the respondent no.4 submitted that the petitioner has been paid amount of leave encashment on 22.11.2016, general provident fund on 17th November, 2016, arrear of the family pension from December, 1997 to October, 2016 on 22.11.2016. He would submit that the final amount of gratuity as well as final family pension has already been sanctioned in favour of the petitioner.

5. In view of the statements made in the counter affidavit filed on behalf of the State and Accountant General, learned counsel for the petitioner would submit that since the grievances of the petitioner have already been redressed, the application may be disposed of.

6. The writ application is, accordingly, disposed of. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.01.2017 Transmission Date NA