Tajmun Nisha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14949 of 2018 ====================================================== Tajmun Nisha Wife of Late Manzar Alam Khan, Resident of Azan Nagar, P.S.- Dhaka, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Rural Works Department, Bihar, Patna. 3.

The Deputy Secretary, Rural Works Department, Bihar, Patna. 4.

The Chief Engineer-3, Rural Works Department, Bihar, Patna. 5.

The Superintending Engineer, Works Circle, Rural Works Department, Motihari.

6.

The Executive Engineer, Works Division, Dhaka, Rural Works Department, Dhaka, East Champaran Motihari 7.

The Accountant General of Bihar, Beerchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhu Nath Pathak, Adv.

For the Respondent/s :

Mr.Ajay- GA5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-06-2020 Heard both sides through Video Conferencing.

Petitioner (widow of Late Manzar Alam Khan) filed this writ petition for direction to the respondents for payment of retiral benefits after death of her husband, who died in harness on 17.08.2012.

Learned counsel for the petitioner submits that during pendency of this writ petition the petitioner has already received pension and gratuity but provident fund amount has not been paid.

Learned counsel for the petitioner submits that the

Patna High Court CWJC No.14949 of 2018(2) dt.08-06-2020 2/2 writ petition may be disposed of with a direction to the petitioner to file a representation before the authority for payment of provident fund within four months from the date of receipt of this order.

Since the petitioner has already received pension and gratuity during pendency of this writ petition, the writ petition is disposed of with a direction to the petitioner to file a representation before the concerned authority for release of the provident fund and on such the authority shall consider the representation of the petitioner and if it is found that the petitioner is entitled to get the provident fund, the same shall be paid within four months from the date of filing of the representation with 6% interest thereon failing which, the concerned authority shall be liable to pay the interest from his own pocket.

With the aforesaid directions, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Harish/- U