Neelam Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17642 of 2018 ====================================================== Neelam Devi W/o Late Uma Kant Jha, Resident of Village- Lakhanpur, P.S.- Tarapur, District- Munger.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Road Construction Department, Govt of Bihar, Patna.
2.
The Chief Engineer National Highway Mahatma Gandhi Setu Pramandal, Road Construction Department, Patna 3.
The Superintending Engineer National Highway Mahatma Gandhi Setu, Road Construction Department, Patna 4.
The Executive Engineer National Highway Mahatma Gandhi Setu, Road Construction Department, Patna.
5.
The Accountant General, Bihar, Patna.
6.
The Assistant Director, Provident Fund Directorate, Finance Department, Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pranav Kumar Jha For the Respondent/s :
Mr.Syed Iqbal Ahmad- Sc20 For the State Mr. Mahendra Verma, JC to S.C.-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard the parties.
Following relief(s) have been sought for by the petitioner in the present writ application:
2/4 "For issuance of an appropriate writ/writs, order/orders in the nature of mandamus for directing and commanding the Respondents, to pay retirement benefits, such as G.P.F., Gratuity, arrears of pension on the basis of fixation, leave encashment, arrears of family pension with interest and also family pension to the petitioner keeping in view that husband of then petitioner died on 08-12-2017 after retirement on 01-04-2014 on the post of Peon in the office of Executive Engineer (National Highway) Mahatma Gandhi Setu Pramandal, Road Construction Department, Patna".
A counter affidavit has been filed on behalf of the State.
Following statements have been made in paragraphs11, 12 & 13 of the counter affidavit: "11. That it would be pertinent to mention here that the family pension has also been sanctioned vide letter No. 1001 dated 04-102018.
12. That it is further submitted that bills against arrears of family pension has also been prepared and the same has been
3/4 sent to the treasury office vide Bill No. 113/18-19.
13. That in the facts and circumstances stated hereinabove, it is very humbly submitted that the most of the due post retiral benefit has already been sanctioned in favour of the petitioner and the steps have already been taken for making payment of remaining dues amount".
Further, counsel for the State submits that most of the grievances, as sought for by the petitioner in the present writ application, has already been redressed by the respondentsState. Considering the aforesaid facts and circumstances, the petitioner is directed to file/make a detailed representation before the concerned authority within a period of twelve weeks from today for redressal of remaining grievances, if any. The concerned authority shall pass a final order, in accordance with law, within a period of four months, from the date of filing/making of such representation.
It is expected that the admitted dues, if any, shall be paid to the petitioner within the period as indicated above. With the aforesaid observation/direction, the present
4/4 writ application stands disposed of.
(Sudhir Singh, J) A.K.V.//- U