Patna High Court
Sunaina Devi vs The State Of Bihar And Ors on 4 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21777 of 2018
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Sunaina Devi Wife of Late Sunil Ray, R/o-Village-Galimapur, P.O.-Mashrakh,
P.S.-Taraiya, District-Saran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Home, Government of Bihar, Patna.
3. The Commissioner, Saran at Chapra.
4. The District Magistrate, Saran at Chapra.
5. The Senior Deputy Collector (General) Saran, Chapra.
6. The Sub-Divisional Officer, Madaura, Saran, Chapra.
7. The Circle Officer, Taraiya, Saran at Chapra.
8. The Block Development Officer, Taraiya, Saran at Chapra.
9. The Accountant General Bihar, Birchand Patel Path, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Binode Bariar, Advocate
For the Respondent/s : Mr. Manish Kumar - GP-4
For the Accountant General : Mr. Bindhyachal Rai, Advocate
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 04-03-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs as formulated by the petitioner
has been claimed in the writ petition -
"i) To direct and command the respondent
authorities to pay death-cum-retiral benefits of the
husband of the petitioner who died in harness
while working on the post of Chaukidar-cum-
dafadar and nothing has been paid till date;
ii) To direct and command the respondent
Patna High Court CWJC No.21777 of 2018 dt.04-03-2021
authorities to pay the arrears and current family
pension along with interest to the petitioner from
the date it became due to the petitioner till actual
date of payment along with penal interest;
iii) To pay the entire dues amount along with
interest and also cost of litigation to the petitioner;
iv) And, for any other relief, which may deem fit
and proper in the facts and circumstances of the
case."
3. At the very outset learned counsel for the petitioner
fairly accepts that all due payments of retirement benefits have
been made to the petitioner during pendency of the writ petition.
However, it is stated that such payments have been made after
considerable delay and as such interest ought to be awarded.
4. This Court makes no observation with regard to
payment of interest for the delayed payments, for which the
petitioner shall be at liberty to file an appropriate representation
before the concerned respondent. If any such representation is
filed within two weeks from today, the same shall be considered
and disposed of on its own merits in accordance with law after
grant of opportunity of hearing to the petitioner within a period
of four weeks thereafter. Any payment of interest found due to
the petitioner shall be paid within a period of eight weeks
thereafter.
5. Having regard to the stand of the petitioner that due
payments towards all retirement benefits have been made, the
Patna High Court CWJC No.21777 of 2018 dt.04-03-2021
writ petition stands disposed of with the aforesaid observations
and directions.
(Vikash Jain, J)
Chandran/-
AFR/NAFR NAFR
CAV DATE -
Uploading Date 05.03.2021
Transmission Date -
