Renu Bala, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21147 of 2019 ====================================================== Renu Bala, Wife of Shri Krishna Chaudhary, Resident of Ward No. 06, Near Dr. B.N. Prasad, West Lane, P.S. Tal, District-Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Govt. of Bihar, Patna. 4.

The Principal Primary Teaching Training College, Rampur, Jalalpur, Dalsing Sarai, Samastipur.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Dhirendra Kumar Jha, Advocate For the Respondents :

Mr.Ashutosh Ranjan Pandey, AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 24-08-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. 2.

The instant writ petition has been filed by the petitioner for directing the respondent authorities to make payment of all post retiral dues including pension, gratuity, leave encashment and the remaining amount of Rs.1,13,594/- under the head 'Group Insurance'.

2/4 3.

A counter-affidavit has been filed on behalf of the State wherein it has been pleaded that all the admissible post retiral dues of the petitioner have already been paid. 4.

Learned counsel for the petitioner submits that an amount of Rs.1,13,594/- has not been paid to the petitioner till date. He also submitted that payment of pension has yet not started.

5.

Considering the nature of claim and the submissions advanced on behalf of the parties, I deem it fit and proper to dispose of the writ petition with a direction to the petitioner to file a representation before respondent no.3, the Director, Primary Education, Bihar with a copy of the order passed by this Court within four weeks from today raising all her claims.

6.

In case, such a representation is filed, the respondent no. 3 shall be required to pass a reasoned and speaking order within six weeks thereafter.

7.

In case, the claims of the petitioner are found correct, the due amount shall be paid to her within six weeks from the date of passing of the order on her representation. He shall also be required to ensure that monthly payment of pension of the petitioner should be made to her regularly.

3/4 8.

In case, any claim of the petitioner is rejected, the respondent no. 3 shall be required to transmit a copy of the order to the petitioner by registered post forthwith. 9.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my email by the Senior Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my email id to the Senior Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be sent to Mr. Dhirendra Kumar Jha, learned counsel for the petitioner also on his email.

4/4 (v) Let steps be taken by the Senior Secretary/registry for up-loading of the present order without compromising with the norms of social distancing. Kanchan/- (Ashwani Kumar Singh, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 24.08.2020 Transmission Date NA