Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3044 of 2023 In Civil Writ Jurisdiction Case No.5514 of 2022 ====================================================== Asha Devi Wife of Late Rajendra Ram, Resident of Ward No. 13, Thana Tola, Near School, P.S.- Jay Nagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Arunish Chawla, the Principal Secretary, Urban Development and Housing Department, Government of Bihar, New Secretariat, Patna, District- Patna.

2.

Sri Indra Kumar Mandal, the Executive Officer, Nagar Panchayat, Jay Nagar, Dist.- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar Jha, Advocate For the Opposite Party/s :

Mr.Kinkar Kumar (SC-9) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2025 It is submitted by the learned counsel for the opposite parties that in compliance of the order of this Court dated 20.10.2022 passed in CWJC No. 5514 of 2022, the opposite parties have paid differential amount of death cum retiral dues to the petitioner as per the 5th & 6th Pay Revision as would be apparent from paragraph no. 7 of the show cause filed on behalf of the opposite parties no. 2 i.e. the Executive Officer, Nagar Panchayat, Jaynagar, District-Madhubani, which is reproduced herein below:- "7. That, in compliance of the order dated 20.10.2022 passed by this Hon'ble Court in C.W.J.C. No. 5514 of 2022 the opposite party no. 2 examined the representation of the petitioner and paid differential amount of death-cum-retiral dues to the petitioner. The petitioner has been paid (i) arrear of salary of Rajendra Ram (since

Patna High Court MJC No.3044 of 2023(4) dt.10-01-2025 2/2 died) in light of 5th Pay revision from the period of April 1997 to March 2007 and 6th Pay revision from the period of 01 April, 2007 to Sept. 2011, along with arrear of leave encashment and arrear of gratuity amounting of rupees 4,77,584/ (Four Lac Seventy Seven Thousand Eight Hundred Eight Four rupees) in bank account of petitioner through PFMS having payment advice no.

C012418500545 dated 10/01/2024, (ii) arrear for family pension for the period of October, 2011 to October, 2023 in view of 6th pay revision amounting to Rs. 4,13,892/- (Rupees Four lac Thirteen lac Eight hundred and Ninety two) through PFMS having payment advice no.

C012422972486 dated 13.01.2024. Thus, payment of rupees 8,91,776/- was paid in different head in bank account of the petitioner. All retiral benefits/ arrear have been paid to the petitioner." 2.

This Court finds that the aforesaid aspect of the matter has not been disputed by the petitioner inasmuch as no rejoinder affidavit has been filed. This Court is satisfied that the order of this Court dated 20.10.2022 passed in CWJC No. 5514 of 2022 has stood complied with, hence the present petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U