Patna High Court
Shanti Devi vs The State Of Bihar on 22 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19096 of 2019
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Shanti Devi W/o Late Badri Ram Resident of Village- Gopinath, Dokara, P.O.
and P.S.- Saraiya Factory, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Home (Police) Department, Bihar,
Patna.
2. Director General of Police cum Inspector General of Police, Bihar, Patna.
3. The Deputy Inspector General of Police, Darbhanga Range, Police Line,
Laheriasarai.
4. The District Magistrate, Darbhanga.
5. The Senior Superintendent of Police, Darbhanga.
6. The Surgent Major, Darbhanga.
7. The Superintendent of Police, Banka.
8. The Superintendent of Police, Shekhpura.
9. The Surgent Major, Shekhpura.
10. The Treasury Officer, Muzaffarpur.
11. The Accountant General, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : None
For the State : Mr. Md. Nadim Seraj ,G.P 5
For the A.G : Mr. Satendra Kumar Jha, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 22-01-2021
No one appears for the petitioner. Learned counsel for the
State and learned counsel for the Accountant General are
present.
The petitioner has filed the instant writ application for
directing the respondents to pay the amount of death-cum-retrial
dues under the head of gratuity, family pension, group
insurance, provident fund, leave encashment besides others.
It is the case of the petitioner that her husband after more
than 29 years of service retired on 31.3.2012 from the post of
Patna High Court CWJC No.19096 of 2019 dt.22-01-2021
constable from police line Darbhanga. He died on 5.8.2019. Not
having been paid the death- cum- retiral dues, the instant writ
application was filed for the prayers as stated above.
A counter affidavit on behalf of the respondent nos. 8 and
9, a counter affidavit on behalf of respondent no. 11 and two
counter affidavits on behalf of respondent nos. 5 and 6 have
been filed in the case.
Referring to the contents of paragraph nos. 7, 8, 9 and 10
of the supplementary counter affidavit filed on behalf of the
respondent nos. 5 and 6, it is stated by learned AC to GP 5 that
the entire dues of the retiral benefits payable to the petitioner's
husband has been paid to the petitioner and no other amount
remains to be paid.
For ready reference paragraph nos. 7, 8, 9 and 10 of the
above supplementary counter affidavit is reproduced herein
below :
"7. That as per the aforesaid reports of
the Deputy Superintendent of Police
(Reserve) and the Accountant, it is
submitted that husband of the petitioner
Constable/393 Badri Ram retired from
police service on 31/3/2012 and following
retiral benefits and provisional pension
from 01/04/2012 to 31/08/2015 have been
paid to the petitioner's husband during his
life time.
(i) Provisional pension from 01/04/2012 to
31/01/2014 @ Rs. 6,255/- total Rs.
Patna High Court CWJC No.19096 of 2019 dt.22-01-2021
1,37,610/- and from 01/02/2014 to
31/08/2015 @ Rs. 9289 Total Rs.
1,76,491/- from 01/04/2012 to 31/08/2015
total Rs. 3,14,101/- has been paid to the
petitioner's husband as provision pension.
(ii) Provisional Retiral Gratuity (90%)
Rs. 2,89,078/-
(iii) Leave encashment for 300 days:-
Rs.2,06,420/-
(iv) Provident fund :- Rs. 3,07,968/-
(v) Group Insurance :-Rs. 1,48,287/-
____________
Total :- Rs. 12,65,854/-
has been paid to the petitioner's husband
after retirement during his life time.
"8. That it is also submitted that on
22/08/2011 vide Memo No. 2294/R.O. all
pension papers along with service book of
the petitioner's husband have been send to
the Accountant General, Bihar, Patna for
fixation of permanent pension and
authority letter for payment of rest of 10%
of Gratuity amount and accordingly the
Accountant General, Bihar, Patna after
fixation of pension has issued P.P.O.
(pension payment order) No.
201211062555 and G.P.O No.
201211062555 on 03/10/2012 for payment
of pension and gratuity to the petitioner's
husband, copy of P.P.O and G.P.O. along
with service Book has been sent back to
Reserve Office, Police Line, Darbhanga
and copy of P.P.O and G.P.O. have been
also sent to Treasury Officer, Muzaffarpur
for needful and another copy of P.P.O. and
G.P.O to the petitioner's husband but on
enquiry the Treasury Officer, Muzaffarpur
informed pensioner has not appeared
before the Treasury Officer, Muzaffarpur
with P.P.O and G.P.O for payment of
regular pension and balance of Gratuity
amount as such provisional pension was
stopped after August 2015."
Patna High Court CWJC No.19096 of 2019 dt.22-01-2021
"9. That no objection certificate has
been issued to Treasury Office,
Muzaffarpur by Reserve, Sub-Inspector-I,
Police Line, Darbhanga to start pension
and copy of N.O.C has been given to the
petitioner and the petitioner has been
directed to contact Treasury Officer,
Muzaffarpur regarding payment of arrears
of pension and family pension to the
petitioner."
"10. That there are no dues of any
retiral benefits or any other matter
regarding pension with respect to the
petitioner's husband is pending in account
office or reserve office of Senior
Superintendent of Police, Darbhanga."
In view of the aforesaid facts, in the opinion of this Court,
no useful purpose would be served in keeping the instant writ
application pending and as such the same is disposed off.
However, liberty is granted to the petitioner that in case if any
further amount remains due and payable to the petitioner's
husband, a representation may be filed before the respondent
nos. 5 and 6 who shall pay the amount found due within a
period of four months of the filing of the representation. If no
amount is found payable, the same shall be communicated to
the petitioner by a reasoned order within the aforesaid period.
Writ petition stands disposed off.
(Partha Sarthy, J)
Prakash/-
AFR/NAFR
CAV DATE
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