Maheshwari Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17410 of 2017 ====================================================== Maheshwari Devi Widow of Late Shailendra Kumar Sinha resident of F-30, P.C. Colony, Kankarbagh, P.S. Kankarbagh, District - Patna. ... ... Petitioner.

Versus

1.

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

2.

The Bihar Land Development Bank (Bhumi Vikash Bank), through its Managing Director, Budh Marg, Patna.

3.

The General Manager, Bihar State Beverage Corporation Limited, Vidyut Bhawan - II, 1st Floor, J.L. Nehru Marg, Patna-800021. ... ... Respondents.

====================================================== Appearance :

For the Petitioner :

Mr. Rohit Mishra, Advocate.

For the State :

Mr. Sorvesh Kumar - GP-24 For the respondent no.2 : Mr. Rajesh Prasad Choudhary, Advocate. For the respondent no.3 : Mr. Girijesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 27-05-2020 This case has been posted before me for hearing through video- conferencing, under the orders of Hon'ble the Chief Justice, in view of Nation passing through lockdown as an aftermath of the outbreak of COVID-19 pandemic.

The petitioner, by way of filing this writ application, has approached this Court for a direction to respondent no. 2, the Bihar Land Development Bank (Bhumi Vikash Bank), Budh Marg, Patna, hereinafter referred to as the 'Bank' to pay the retiral benefits of her late husband Shailendra Kumar Sinha, Ex Accountant of the Bank such as Provident Fund, Gratuity, Group

Patna High Court CWJC No.17410 of 2017 dt.27-05-2020 2/3 Insurance, Leave Encashment and other benefits, since Late Shailendra Kumar Sinha expired on 26.04.2015 in harness. At the outset, learned counsel for the petitioner submits that though the petitioner has earlier filed a representation (Annexure-6 to this writ application) for redressal of her grievances but no response has yet been taken by the respondent no.2. For expeditious disposal of her pending claim, the petitioner proposes to file a fresh representation before respondent no.2 with a copy forwarded to respondent no.1.

In view of the fair stand taken by the petitioner, she is directed to file a representation before respondent no.2 stating in detail her unpaid claim within a period of two weeks along with a copy of this order as also the copy of the relevant documents, if any, in support of her claim. The same shall be considered by the respondent no.2 as expeditiously as possible, preferably within a period of two months from the date of filing of the representation, so that the grievance of the petitioner could be settled without delay and the admitted dues could be paid to her as permissible under the law. In the event, the admitted dues are not paid to the petitioner within the time frame as stated above, respondent no.2 shall be personally liable to pay 10% interest on the admitted dues

Patna High Court CWJC No.17410 of 2017 dt.27-05-2020 3/3 of the petitioner from the date of filing of the writ application till its actual payment.

With the aforesaid observation and direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) Trivedi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.05.2020 Transmission Date NA