Patna High Court
Ratan Kumar vs The State Of Bihar And Ors on 2 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20784 of 2018
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Ratan Kumar Son of Late Sharda Prasad, Resident of Mohalla-Jail Road,
Bhola Chauk, Jamiranki Ganchhi, P.S.-Muzaffarpur Town, District-
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Director, Secondary Education, Bihar, Patna.
3. The Accountant General (A & E), Bihar, Patna.
4. The Senior Accounts Officer, Office of Accountant General (A & E), Bihar,
Patna.
5. District Education Officer, Muzaffarpur.
6. Principal, Mahila Shilp Kala Bhawan, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Binod Kumar Mishra, Advocate
: Mr. Uma Shankar Verma, Advocate
For the State : Mr. Madhukar Mishra, AC to SC 16
For the Accountant General Mrs. Nivedita Nirvikar, Advocate
Mr. Sudhanshu Shekhar, Advocate
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 02-03-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition--
"(i) To pay the family pension to the
petitioner who is the only son of Late
Chandrakala Devi for the period of 2001
to 2004 till at her alive in the light of
Bihar Finance Rule notification no.28619
dated 03.12.1960, which there is provision
Patna High Court CWJC No.20784 of 2018 dt.02-03-2021
the mother and other family members are
entitled the family pension, of their
relations, in the present case the late
Chandrakala Devi mother of the petitioner
is died in 2004, who had claims for family
pension of her daughter Sabita Devi, who
died during service so the petitioner being
son of Chandrakala Devi is also entitled
for the family pension on above circular.
(ii) To hold the order of this Hon'ble High
Court passed in C.W.J.C. No. 478 of 2017
by the Lok Adalat dated 10.02.2018 by
which the Lok Adalat passed an Award in
terms of settlement relates to payment of
family pension, dues to Chandrakala Devi
mother of the petitioner late Sabita Devi
sister of petitioner who died in harness.
In view of communication letter of
Accountant General to District Education
Officer, Muzaffarpur for taking final
decision on relevant documents and
Government policy/Circular letter dated
04.04.2017. The State Counsel submits
that the final decision shall be taken
within two months from today on the said
decision the benefit which is required to
be extended to the petitioner shall be
granted shall be next two months.
Inspite of that the respondents fail to
compliance the order passed by Lok
Patna High Court CWJC No.20784 of 2018 dt.02-03-2021
Adalat.
(iii) To any other relief/reliefs the
petitioner is entitled to."
3. Learned counsel for the respondents invites reference
to the Award of the Lok Adalat in CWJC No. 478 of 2017
(Annexure-5) in which it was observed as follows:-
"As agreed between the parties,
learned counsel for the State submitted
that a final decision shall be taken
within two months from today and
depending on the decision taken, any
benefit which is required to be
extended to the petitioner shall be
granted within the next two months."
4. In this regard, it is pointed out that during pendency of
the present writ petition, a final order has been passed in terms
of memo no. 828 dated 12.08.2020 (Annexure-A to the counter
affidavit) by the District Programme Officer, Muzaffarpur,
holding that upon death of Late Savita Devi, the family pension
was admissible to her two daughters and not to her mother Smt.
Chandrakala Devi. As such, the petitioner, who is the son of
Smt. Chandrakala Devi, was not entitled to the family pension.
5. In the above view of the matter and with the consent of
the parties, the writ petition is disposed of, granting liberty to
Patna High Court CWJC No.20784 of 2018 dt.02-03-2021
the petitioner to assail the aforesaid order dated 12.08.2020
(Annexure-A to the counter affidavit), if so advised, before any
forum as may be available in accordance with law.
(Vikash Jain, J)
HR/-
AFR/NAFR NAFR
CAV DATE -
Uploading Date 03.03.2021
Transmission Date -
