Mosmat Kunti Devi vs The State Of Bihar And Ors
2022 Latest Caselaw 4972 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.15597 of 2018
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Mosmat Kunti Devi Wife of late Sukharam Prasad Resident of Village and P.O. Badka Dumra, P.S. Ara Mufassil, District- Bhojpur.

... ... Petitioner/s Versus

1. The State Of Bihar and Ors.

2. The District Magistrate, Bhojpur.

3. The District Magistrate, Buxar.

4. The Sub-Divisional Magistrate, Buxar.

5. The District Provident Fund Officer, Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Bansh Roy, Advocate Mr. Pranav Kumar Jha, Advocate For the Respondent/s : Mr. Harshvardhan Shiv Sundaram, Advocate Mr. Awadhesh Kumar Pandey, Advocate Mr. R.K. Sharma, (CGC) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-12-2022 Heard Mr. Suraj Bansh Roy, learned counsel appearing

on behalf of the petitioner and Mr. Harshvardhan Shiv Sundaram,

learned counsel for the State.

2. The present writ petition has been filed seeking a

direction upon the respondent to ensure the payment of family

pension at the rate which has been revised and fixed as per New

Pay Scale Fixation, effective from the year 1986, 1996 and

thereafter from 2006 onward till the date of superannuation of the

husband of the petitioner.

Patna High Court CWJC No.15597 of 2018 dt.08-12-2022

3. A counter affidavit has been filed on behalf of the

respondent nos. 3 and 4 and by referring to the averments made in

the counter affidavit it has been submitted that all the admissible

retiral benefits as well as arrears of difference of salary have stood

paid to the petitioner.

4. At this juncture, learned counsel for the petitioner

submits that till date certain benefits have not been paid on the

basis of the revised pay scale and, as such, the grievance of the

petitioner has not been fully redressed.

5. In view of the submissions made on behalf learned

counsel for the parties, the present writ petition stands disposed of

with a direction to the petitioner to file a representation before the

District Magistrate, Buxar, within a period of four weeks' from

today, if such a representation is filed, raising the remaining

grievance of the petitioner, the concerned respondent shall

consider the same and pass reasoned and speaking order,

preferably within a period of eight weeks, thereafter.

6. It is needless to say that if the claim of the petitioner

finds favor, necessary consequential order of payment must be

passed within the aforesaid period.

Patna High Court CWJC No.15597 of 2018 dt.08-12-2022

7. Accordingly, the present writ petition stands disposed

of with the aforesaid observation and direction.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
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Uploading Date          09.12.2022.
Transmission Date       NA