Kaushalaya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 858 of 2020 ====================================================== Kaushalaya Devi Wife of Late Jyotendra Prasad Resident of H.I.G. Flat No. 46, Sector-7, Block-5, Bahadurpur Housing Colony, P.O. and P.S. Bahadurpur Housing Colony, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Secretary, Minor Irrigation Department, Government of Bihar, having his office at the New Secretariat, Vikas Bhawan, Patna.

2.

The Additional Secretary Minor Irrigation Department, Government of Bihar, having his office at the New Secretariat, Vikas Bhawan, Patna. 3.

The Joint Secretary Minor Irrigation Department, Government of Bihar, having his office at the New Secretariat, Vikas Bhawan, Patna. 4.

The Chief Engineer Minor Irrigation Department, having his office at the New Secretariat, Vikas Bhawan, Patna.

5.

The Deputy Secretary Minor Irrigation Department, Government of Bihar, having his office at the New Secretariat, Vikas Bhawan, Patna. 6.

The Under Secretary Minor Irrigation Department, Government of Bihar, having his office at the New Secretariat, Vikas Bhawan, Patna. 7.

The Accounts Officer Water Resources (Minor Irrigation Department), Government of Bihar, having his office at the New Secretariat, P.S. Sachivalaya, Vikas Bhawan, Patna.

8.

The State of Bihar Through the Secretary, Finance Department, Government of Bihar, having his office at the Old Secretariat, Patna. 9.

The Accountant General (Accounts and Entitlement), Bihar, Patna, having his office at Birchand Patel Path, P.S.- Kotwali, District- Patna. ... ... Respondent/s ====================================================== For the Petitioner/s :

Mr Rohit Mishra, Advocate For the Respondent/s :

Mr Anirban Kundu, SC XXIV ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-06-2020 As of now, the Courts have not resumed normal physical hearing. The matter, therefore, has been listed today for consideration through Video Conferencing. Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the

Patna High Court CWJC No.858 of 2020(3) dt.23-06-2020 2/3 aid of audio visual technology.

Heard learned counsel for the petitioner and the respondent-State.

Learned counsel for the petitioner, in presence of the learned State Counsel, submits that the amount of pension, family pension and gratuity have been sanctioned by Annexure C/1 dated 18.02.2020 by the office of the Chief Engineer, Minor Water Resources Department, Patna. The other dues, on account of increment, has been sanctioned by Officer Order dated 14.02.2020 (Annexure D). Some other dues, on account of the amounts admissible to the petitioner other than subsistence allowance, has also been sanctioned under Office Order dated 14.02.2020 (Annexure D/1) by the same Authority. He submits that in spite of the aforesaid sanction by the State Government, payments are still awaited.

Learned State Counsel submits that it would take the State another three weeks time to process and pay the said amounts in the Bank Account.

In view of the rival submissions, no adjudication remains in the instant case. Keeping the same pending will serve no purpose.

The State Authorities would be under a legal

Patna High Court CWJC No.858 of 2020(3) dt.23-06-2020 3/3 obligation to ensure that the dues, sanctioned under the aforesaid three orders, are paid to the petitioner within a period of four weeks from the date of receipt/production of a copy of this order.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U