Beena Devi @ Vina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22619 of 2019 ====================================================== Beena Devi @ Vina Devi W/o Sri Vishwanath Panjiyar Resident of VillageDeep, Ward No. 6, P.s.- Lakhnaur, R.S.O.P., Distt.- Madhubani (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector of the District- Madhubani 2.

The Collector (D.M.) of the District- Madhubani 3.

The District Manager Bihar State Food and Civil Supplies Corporation Ltd. (BSFC) Madhubani, Distt.- Madhubani 4.

The Assistant Manager Bihar State Food and Civil Supplies Corporation Ltd. (BSFC) Andhra-thari Kendra, Distt.- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Nath Jha For the State :

Mr.Alok Ranjan, AC to AAG 5 For BSFC Mr. Shailendra Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-01-2020 Heard counsel for the petitioner and counsel for the respondents-State.

Counsel for the petitioner confines his prayer for disposal of his representation dated 10.06.2019 (Annexure 5). Claim of the petitioner is for ex gratia payment of Rs 4 lacs. Claim is made in the background of the fact that son of the petitioner was working as Executive assistant on contractual basis in the Bihar State Food & Civil Supplies Corporation Ltd. (BSFC for short) Petitioner's claim is that he died while serving as contractual employee. Claim is based on resolution dated 09.11.2015 (Annexure 4).

Counsel for the State as well as counsel for the

Patna High Court CWJC No.22619 of 2019(2) dt.20-01-2020 2/2 respondent- BSFC submit that said resolution is one adopting policy of grant of ex gratia to the tune of Rs 4 lacs pursuant to assurance given by Hon'ble Chief Minister in so far as department of Information and Technology is concerned.

Petitioner was never a contractual employee in Information and Technology department. No such resolution or decision of the BSFC has been brought on record in support of petitioner's claim for ex gratia.

His claim for grant of ex gratia to the tune of Rs 4 lacs would not derive any substance from notification issued by Information and Technology department.

In view of said circumstance, no enforceable claim is made out by the petitioner before this court. Writ petition is accordingly, dismissed.

(Madhuresh Prasad, J) s.hassan/- U