Sugita Rani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13022 of 2018 ====================================================== Sugita Rani W/o Ramesh Kumar, resident of Lohanipur, P.S. Kadam Kuwan, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Department of Animal Husbandry Government of Bihar New Secretariat Patna. 2.

The Principal Secretary Department of Animal Husbandry and Fishery Government of Bihar New Secretariat, Patna.

3.

The Director Department of Animal Husbandry and Fishery Government of Bihar New Secretariat, Patna.

4.

The Senior Superintendent of Police Patna Gandhi Maidan, Patna. 5.

The Officer In Charge Kadam Kuwan Patna.

6.

The Accountant General, Bihar, Veerchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Adv.

Ms. Neha Gupta, Adv.

For the AG :

Mr.Vivekanand Kumar, Adv.

For the State Mr. Asif Kalim, AC to AAG-12 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Accountant General, Bihar, Patna.

The husband of the petitioner Ramesh Kumar went missing on 22.12.2010 while being posted as Moving Pashu Chikitsha Officer in the District of Muzaffarpur. A Sanha was lodged on 07.01.2011 at Kadamkuan police station bearing no. 197 dated 08.01.2011. After thorough investigation, the SHO,

Patna High Court CWJC No.13022 of 2018(6) dt.11-04-2019 2/3 Kadamkuan police station has stated that husband of the petitioner is non-traceable and accordingly vide memo no. 5061 dated 14.12.2018, the Senior Superintendent of Police has come to the conclusion that the said Ramesh Kumar is not traceable since 7 years 11 months and 7 days and since he is not traceable since more than 7 years, it appears that he has died. Accordingly, the petitioner is entitled to family pension and death-cum-retiral benefits. In view of the same, a letter dated 09.01.2019 has been written by the Joint Secretary, Animal Husbandry and Fisheries Department, Government of Bihar to the Regional Director, Animal Husbandry, North Bihar Region, Muzaffarpur to submit all the papers relating to the late employee Ramesh Kumar.

Considering the submissions made in the counter affidavit filed on behalf of the respondent no. 2 and 3, this writ application is disposed of with a direction to the respondent no. 3, the Director Department of Animal Husbandry and Fishery, Government of Bihar, New Secretariat, Patna to process the family pension and death-cum-retiral benefits of the late employee in favour of the widow (the petitioner) within a period of four months from the date of receipt/production of a copy of this order. Any amount payable towards arrears of family

Patna High Court CWJC No.13022 of 2018(6) dt.11-04-2019 3/3 pension and current family pension as well as death-cum-retiral benefits would be paid within two months thereafter. (Nilu Agrawal, J) devendra/priyanka U