Shashi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19949 of 2019 ====================================================== Shashi Devi, wife of Late Krishna Mohan Prasad, resident of Udalbani, Police Station- Jamtara, District- Jamtara.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Finance Department, Government of Bihar, Old Secretariat, Patna- 800 015 2.

The Principal Secretary, Finance Department, Government of Bihar, Old Secretariat, Patna- 800 015 3.

The Secretary, Rural Works Department, Government of Bihar, 5th Floor Vishveshwarya Bhawan, Bailey Rd, Patna, Bihar 800015. 4.

The Accountant General, Bihar.

5.

The District Magistrate, Banka 6.

The Executive Engineer, Rural Works Department, Rural Development Special Division, Banka.

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the State :

Mr. Prabhat Ranjan, AC to GP-6 For the AG : Mr. L.P. K. Rajgariar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-11-2019 Heard learned counsel for the parties.

2. The petitioner is a widow of a Government employee, who died in harness on 17.05.1994. She has filed the present writ application seeking direction to the respondents to extend the benefits arising out of a resolution of the Finance Department, State Government of Bihar dated 25.03.2015 (Annexure-2) in respect of demerger of the cadre of Accounts Clerk. Based on the said resolution, the petitioner claims that the pay of her deceased husband ought to be revised at 730-1080

Patna High Court CWJC No.19949 of 2019(2) dt.13-11-2019 2/2 with effect from 01.04.1981 and 1400-2300 with effect from 01.01.1986.

3. It is accordingly being contended that the petitioner, who is the legal heir of the deceased employee, is entitled for arrears of salary arising out of the revised pay in terms of the decision of the State Government dated 25.03.2015 and corresponding revision in family pension.

4. Considering the nature of relief, which the petitioner is seeking, this writ application is disposed of with a direction that let the petitioner's claim be examined by respondent no. 3 himself by treating this writ application as representation on her behalf. In case, the petitioner is found entitled to the claim, as has been raised in the writ application, the Court would expect respondent no. 3 to further ensure that all her admitted dues are paid to her in terms of arrears of salary and necessary sanction order is issued for revised family pension, within a period of two months from the date of receipt/ production of a copy of this order.

(Chakradhari Sharan Singh, J) Rajesh/- U