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Patna High CourtCWJC/216/2023disposed

Sita Devi v. The State Of Bihar

2023-04-12Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.216 of 2023 ====================================================== Sita Devi W/o Shani Sardar, Resident of Village- Sihapur, Ward No.- 11, (Banainia), P.S.- Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Director, Department of Education, Government of Bihar, Patna. 4.

The District Magistrate, Rohtas.

5.

The District Education Officer, Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prafull Chandra Thakur, Advocate For the Respondent/s :

Mr.Amit Bhushan, AC to GP 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 12-04-2023 Heard Mr. Prafull Chandra Thakur, learned counsel appearing on behalf of the petitioner and Mr. Amit Bhushan, learned AC to GP 17 appearing for the Respondents.

2. Learned counsel appearing on behalf of the petitioner submits that while the husband of the petitioner was posted as Orderly (Class IV) in Shree Mahanth Kanhaiya Giri High School, Ganga Jal Math, Sanjhauli, Rohtas, he died in harness on 27.04.2021 during the period of surge of pandemic, thereafter the Headmaster of the School informed the same to the District Education Officer, Rohtas, vide letter no.302 dated 28.1.2023, for making payment of all the retiral dues to the petitioner, who is

Patna High Court CWJC No.216 of 2023 dt.12-04-2023 2/3 wife of the deceased employee but in spite of the immediate steps taken by the Headmaster of the School, the District Education Officer, Rohtas recommended the name of the son of the deceased employee for considering his name on compassionate appointment and no steps were taken with respect to payment of family pension to the petitioner, who is entitled to receive the same. The petitioner, being an old illiterate lady, was not aware of the fact that she has to make application before the concerned authority for claiming her family pension.

3. Considering the grievance of the petitioner and the relief(s) as sought by in the present writ petition, the Headmaster of the School is directed to send all the papers to the the District Education Officer, Rohtas so that the same may be sent to the District Programme Officer, Rohtas and he must ensure that the service book along with all the required documents are sent to the Accountant General (Bihar) for fixation of the family pension and payment of all the retiral dues to the petitioner. The Provident Officer must also ensure that payment of the provident fund amount payable to the deceased employee with the statutory interest is made to the petitioner forthwith. All such exercises must be completed within a period of four weeks from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.216 of 2023 dt.12-04-2023 3/3

4. With the above observation/direction, the present writ petition is disposed of.

(Purnendu Singh, J) chn/- AFR/NAFR NAFR CAV DATE 12.04.2023 Uploading Date 15.04.2023 Transmission Date 15.04.2023