Mostt. Santoliya Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12152 of 2018 ====================================================== Mostt. Santoliya Devi, Wife of Late Jaglal Bishwash, Resident of Aamgachhi, Ward No.8, Pachhiyari Pipra Chuakata, Jokihat, P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

4. The Chief Engineer (Mechanical) Department of Public Health Engineer, Govt. of Bihar, Patna.

5. The Zonal Chief Engineer, Purnea Zone, Purnea.

6. The Superintending Engineer, Public Health Engineering Circle , Purnea.

7. The Executive Engineer, Public Health Division, Araria.

8. The Sub Divisional Officer-cum-Assistant Engineer Public Health Engineering, Sub-Division, Araria.

9. The District Magistrate, Araria.

10. The District Provident Fund Officer, Araria.

11. The Treasury Officer, Araria.

12. The Accountant General (A&E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siyaram Pandey, Advocate For the Respondent/s :

Mr.Vishwambhar Prasad, AC to AAG-5 For the AG : Mr. Arun Kumar Arun, Advocate. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-01-2019 Heard the learned counsel for the petitioner, learned counsels for the State and the Accountant General, Bihar, Patna. Petitioner prayed for death-cum-retiral benefit of her husband late Jaglal Bishwas who died in harness on 08.04.2017 while working as 4th grade employee.

Learned counsel for the State on behalf of the respondent nos.2 to 8 has filed a counter affidavit stating therein

Patna High Court CWJC No.12152 of 2018(4) dt.08-01-2019 2/2 that full amount of pension, gratuity, leave encashment and GPF has been paid to the petitioner and family pension has also been fixed at the rate of Rs.6235/- per month.

Learned counsel for the petitioner submits that the pay has been revised with effect from 06.12.2018 by Executive Engineer, Public Heath Division, Araria respondent no.7 and promotional benefits as per revised pay scale has not been sanctioned.

Considering the submission of the parties and the nature of claim made by the petitioner, this writ application is disposed of with a direction to the petitioner to file a representation regarding her remaining claim before the Executive Engineer, Public Health Division, Araria respondent no.7 who will dispose of the representation within a period of two months from the date of filing of such representation. Any amount due to the petitioner would be paid within one month thereafter. If certain amounts are in admissible, the same shall be communicated to the petitioner by a speaking order through registered post.

(Nilu Agrawal, J) B.Kr./- U