Kaushalya Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7758 of 2017 =========================================================== Kaushalya Devi, Wife of Late Kedar Nath Singh, resident of Village- Umdha, P.O.- Fakuli, P.S. Saran Town, District- Saran. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Rural Development Department Government of Bihar, Patna.

3. The Director, Panchayati Raj, Government of Bihar, Patna.

4. The District Board, Saran through its Chairman.

5. The Chairman, District Board Saran.

6. The District Engineer, District Board, Saran.

7. The Executive Officer, District Board, Saran.

8. The Chief Executive Officer, District Board, Saran. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kr Sinha No.2, Advocate For the Respondent/s : Mr. Anjani Kumar-AAG-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 28-07-2017 Learned counsel for the petitioner seeks leave to implead the Chief Executive Officer, District Board, Saran as respondent no. 8.

2.

Leave is granted.

3.

Let the Chief Executive Officer, District Board, Saran be impleaded as respondent no. 8 during the course of the day.

Patna High Court CWJC No.7758 of 2017 dt.28-07-2017 4.

This writ petition has been filed by the petitioner for directing the respondents to pay the retirement benefits, GPF and other admissible dues of her husband.

5.

It has been contended by the learned counsel for the petitioner that the husband of the petitioner, namely, Kedar Nath Singh superannuated on attaining the age of 60 years as Work Sarkar in District Board, Saran. However, despite representations filed by him, his admissible retiral dues was not paid during his lifetime and he died on 29.04.2014. It has further been contended that after death of her husband, the petitioner filed a representation on 23.06.2014 before the Chief Executive Officer, District Board, Saran for payment of death-cum-retiral dues, but no heed has been paid to the request made by her so far.

6.

Having regard to the nature of the claim raised in the present writ petition, instead of issuing notice to the respondents, I deem it fit and proper to dispose of the writ petition with a direction to the petitioner to file a fresh representation before the Chief Executive Officer, District Board, Saran (respondent no. 8) along with a copy of the order raising all her claims within four weeks from today. In case such a representation is filed, the Chief Executive Officer, District Board, Saran shall look into the grievance of the petitioner and dispose of the same by a reasoned order within eight

Patna High Court CWJC No.7758 of 2017 dt.28-07-2017 weeks. In case any payment is found due, the same shall also be paid to the petitioner within the aforesaid period of eight weeks. If any claim of the petitioner is rejected, the order in this regard shall be communicated to the petitioner on her postal address without delay. (Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2017 Transmission Date NA