Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15609 of 2024 ====================================================== Anita Devi Wife of Late Pramod Kumar Mishra Resident of Adarsh Nagar, New Area, Ward no.- 12, P.O. and P.S.- Aurangabad, District- Aurangabad. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

3.

The District Magistrate, Aurangabad.

4.

The District Panchayat Raj Officer, Aurangabad. 5.

The Block Development Officer, Navinagar, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sri Krishna Ranjan, Adv.

For the Respondent/s :

Mr.Government Advocate (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-10-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed by the petitioner with the following reliefs:- (a) For grant of benefits under the scheme of 1st ACP and 2nd MACP since 09/06/2002 and 09/06/2010 respectively and re-fix the pay of the deceased husband of the petitioner accordingly.

(b) For payment of differential amount arising out of grant of ACP and MACP in the pay of the deceased husband of the petitioner.

(c) For re-fixation of family pension according to the refixed pay of the petitioner deceased husband.

Patna High Court CWJC No.15609 of 2024(2) dt.08-10-2024 2/2

3. Counsel for the petitioner submits that the husband of the petitioner was in service and after his death, the petitioner had earlier moved before this Hon'ble Court for grant of retiral dues in C.W.J.C. No.6175 of 2023 in which vide order dated 09.08.2023, she was granted relief.

4. Counsel further submits that the petitioner has filed the present writ petition for other reliefs i.e., for grant of ACP/MACP to the petitioner, but her writ petition is pending before the District Magistrate, Aurangabad (Respondent No.3).

5. Learned Counsel for the State submits that from the pleading, it transpires that the said writ petition is still pending.

6. In this view of the matter, the present writ petition is hereby disposed off directing the District Magistrate, Aurangabad (Respondent No.3) to take decision on the representation of the petitioner within 90 days from the date of production of this order.

7. With the aforesaid directions, the present writ application stands disposed off.

(Dr. Anshuman, J.) Prakashmani/- U