Rahber Naqvi vs The State Of Bihar And Ors
2021 Latest Caselaw 1966 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
              Civil Writ Jurisdiction Case No.19884 of 2018
======================================================

Rahber Naqvi, D/o Late Saiyed Sibte Ahmad, R/o Mohalla Mogalpura Chhoti Bazar, P.S. Khajekalan, District-Patna.

... ... Petitioner Versus

1. The State of Bihar through Principal Secretary P.W.D. Bihar, Patna.

2. Principal Secretary, Finance Department, Bihar, Patna.

3. Accountant General, Bihar, Patna.

4. Executive Engineer, National Highway Division, Aurangabad.

5. Additional Secretary, Finance (Pension Dept.) Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Raj Dular Sah, Advocate For the State : Mr. Tripurari Nath Ambastha, AC to SC-26 For the Accountant General Mr. Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 27-04-2021

Heard learned counsel for the petitioner and learned

counsel for the respondents through video conference.

2. The present writ petition has been filed for "issuance

of an appropriate writ/writs direction/directions commanding

the Respondents authorities to grant family pension to the

petitioner as her father after retirement was getting pension and

after his death her mother was getting pensionary benefits till

her death further for any other relief/reliefs for which the

petitioner is entitled in the facts and circumstances of the case."

3. Learned counsel for the petitioner states that during the

pendency of the writ petition, the petitioner began receiving the

family pension consequent upon the death of her mother on Patna High Court CWJC No.19884 of 2018 dt.27-04-2021

14.09.2016, but however such family pension was not paid for

the period between 15.09.2016 and 25.09.2018. It is therefore,

submitted that the petitioner is entitled for the arrears of pension

for such period.

4. Learned counsel for the State appears and has been

heard. It is stated that the petitioner has informed that she has

since been married on 10.12.2020 and has thus requested for

discontinuance of payment of family pension to her (Annexure-

C series to the supplementary counter affidavit).

5. Having heard the parties and on consideration of

materials on record, this Court is of the view that the ends of

justice will be met by granting liberty to the petitioner to

approach the Executive Engineer, National Highway Division,

Aurangabad (respondent no. 4) with an appropriate

representation for redressal of her remaining grievances. If any

such representation is filed within a period of two weeks from

today, the same shall be considered and disposed of in

accordance with law after grant of an opportunity of hearing to

the petitioner, within a further period of eight weeks thereafter.

To enable disposal, the petitioner shall furnish her mobile

number and email ID to the respondent no. 4 within a week

from today.

Patna High Court CWJC No.19884 of 2018 dt.27-04-2021

6. It is made clear that in view of the ongoing Covid-19

pandemic, any correspondence between the parties may be

made through email and the petitioner shall be at liberty to

request for hearing through video conference.

7. The writ petition stands disposed of with the aforesaid

directions.

(Vikash Jain, J)

HR/-

AFR/NAFR                        NAFR
CAV DATE                        ---
Uploading Date                  29.04.2021
Transmission Date               ---