Pratima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.947 of 2023 ====================================================== Pratima Devi, Wife of Late Jai Nath Ram, Resident of Village Ghagha, P.O. and P.S. Bihiya, District Bhojpur, Arrah.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Patna. 2.

The District Magistrate, Bhojpur, Arrah.

3.

The Superintendent of Police, District Bhojpur, Arrah. 4.

The Circle Officer, Bihiya, District Bhojpur, Arrah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sinha, Advocate.

Ms. Rekha Kumari, Advocate.

For the State :

Mr. Ruchikar Jha, AC to SC-8.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 01-08-2023 Heard Mr. Satish Kumar Sinha, learned counsel along with Ms. Rekha Kumari, learned counsel appearing on behalf of the petitioner and Mr. Ruchikar Jha, learned AC to SC8 for the State.

2. Learned counsel appearing on behalf of the petitioner submits that substantial amount of retiral dues have been paid to the petitioner, however, petitioner has not been given the benefit of revised pay scale, as a result of which, pension of the petitioner has been fixed at lower pay scale which is not applicable in the case of the petitioner and

Patna High Court CWJC No.947 of 2023 dt.01-08-2023 2/3 accordingly, less amount of gratuity has been calculated by the Accountant General. Petitioner is also aggrieved by the action of the Insurance Company for making payment of less amount on account of insurance. Learned counsel submits that taking into consideration the aforesaid fact, he seeks to file a detailed representation for redressal of his grievance giving calculation chart for fixation of pension in the case of the petitioner in accordance with the government circulars and law.

3. Considering the aforesaid submission made on behalf of the petitioner as well as submission that the petitioner is ready to file a detailed representation before the District Magistrate, Bhojpur, Ara, the District Magistrate, Bhojpur, Ara - Respondent No.2 is directed to pass a reasoned order, if required, he may call for the records relating to the husband of the petitioner Jai Nath Ram who was posted on the post of Chaukidar at Bihiya Police Station, Bhojpur at Ara and dispose of the representation taking into consideration that the petitioner is the widow of the deceased employee Jai Nath Ram within a period of six weeks. The District Magistrate must ensure that all the retiral benefits like G.P.F., Leave Encashment, Group Insurance, etc. including revised pension and family pension must be paid to the petitioner within the aforesaid period.

Patna High Court CWJC No.947 of 2023 dt.01-08-2023 3/3

4. The writ petition, accordingly, stands disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 07.08.2023 Transmission Date N.A.