The State Of Bihar vs Most. Ramsigari Devi
2021 Latest Caselaw 5292 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Letters Patent Appeal No.113 of 2021
                                      In
                Civil Writ Jurisdiction Case No.20072 of 2019
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1. The State of Bihar through the Principal Secretary, Panchayati Raj

Department, Bihar, Patna.

2. The District Magistrate, District - Aurangabad.

3. The District Officer, District - Aurangabad.

4. The Block Development Officer, Deo Block, District - Aurangabad.

5. The Block Development Officer, Obra Block, District - Aurangabad.

6. The Regional Provident Fund Commissioner, Provident Fund

Commissioner, Provident Fund Office, Patna.

... ... Appellant/s

Versus

Most. Ramsigari Devi Wife of Late Ram Dev Singh, Resident of Village -

Chauri, P.S. Daudnagar, District - Aurangabad.

... ... Respondent/s

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Appearance :

     For the Appellant/s      :         Mr.Satya Vrat, AC to GP 10
     For the Respondent/s     :         Mr.

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR )

Date : 17-11-2021 Aggrieved by the judgment passed by learned Single

Judge in C.W.J.C. No.20072 of 2019 dated 07.07.2020 , State of

Bihar has filed this appeal.

Patna High Court L.P.A No.113 of 2021 dt.17-11-2021

Husband of the petitioner, namely Ram Dev Singh was

appointed as Panchayat Sevak on 20.04.2005, who was posted

in block office of Rafiganj, where he died in harness on

15.06.2019.

In the counter affidavit filed by the State Government,

it was stated that the amount of Rs. 3,38,240/- was due against

the husband of the petitioner and other retirement dues were

paid after making such deduction, however, amount of gratuity

of Rs. 4,72,536/- could not be paid as it was contended that

with immersion of Rule 43(d) vide notification dated

21.01.2019 in Bihar Pension Rules, gratuity amount was

withheld till final conclusion of the departmental proceeding or

judicial proceeding.

It is an admitted position that the husband of the

petitioner died in harness and as such no departmental

proceeding or criminal proceeding was initiated against him

during his lifetime and even same would have abated on the

death of the Government employee.

The learned Single Judge has directed to pay all the

retiral dues including, family pension, gratuity and other

retirement benefits with interest @ 6 per cent per annum from

the date, it was due, till its realization.

Patna High Court L.P.A No.113 of 2021 dt.17-11-2021

Accordingly, the appeal filed by the State Govt. is

dismissed.

(Sanjay Karol, CJ)

(S. Kumar, J)

ranjan/-

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