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Pratima Devi vs The State Of Bihar
2023 Latest Caselaw 3423 Patna

Citation : 2023 Latest Caselaw 3423 Patna
Judgement Date : 1 August, 2023

Patna High Court
Pratima Devi vs The State Of Bihar on 1 August, 2023
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.947 of 2023
     ======================================================

Pratima Devi, Wife of Late Jai Nath Ram, Resident of Village Ghagha, P.O. and P.S. Bihiya, District Bhojpur, Arrah.

... ... Petitioner/s Versus

1. The State of Bihar through the District Magistrate, Patna.

2. The District Magistrate, Bhojpur, Arrah.

3. The Superintendent of Police, District Bhojpur, Arrah.

4. The Circle Officer, Bihiya, District Bhojpur, Arrah.

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

For the Petitioner/s : Mr.Satish Kumar Sinha, Advocate.

Ms. Rekha Kumari, Advocate.

For the State : Mr. Ruchikar Jha, AC to SC-8. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 01-08-2023 Heard Mr. Satish Kumar Sinha, learned counsel

along with Ms. Rekha Kumari, learned counsel appearing on

behalf of the petitioner and Mr. Ruchikar Jha, learned AC to SC-

8 for the State.

2. Learned counsel appearing on behalf of the

petitioner submits that substantial amount of retiral dues have

been paid to the petitioner, however, petitioner has not been

given the benefit of revised pay scale, as a result of which,

pension of the petitioner has been fixed at lower pay scale

which is not applicable in the case of the petitioner and Patna High Court CWJC No.947 of 2023 dt.01-08-2023

accordingly, less amount of gratuity has been calculated by the

Accountant General. Petitioner is also aggrieved by the action of

the Insurance Company for making payment of less amount on

account of insurance. Learned counsel submits that taking into

consideration the aforesaid fact, he seeks to file a detailed

representation for redressal of his grievance giving calculation

chart for fixation of pension in the case of the petitioner in

accordance with the government circulars and law.

3. Considering the aforesaid submission made on

behalf of the petitioner as well as submission that the petitioner

is ready to file a detailed representation before the District

Magistrate, Bhojpur, Ara, the District Magistrate, Bhojpur, Ara -

Respondent No.2 is directed to pass a reasoned order, if

required, he may call for the records relating to the husband of

the petitioner Jai Nath Ram who was posted on the post of

Chaukidar at Bihiya Police Station, Bhojpur at Ara and dispose

of the representation taking into consideration that the petitioner

is the widow of the deceased employee Jai Nath Ram within a

period of six weeks. The District Magistrate must ensure that all

the retiral benefits like G.P.F., Leave Encashment, Group

Insurance, etc. including revised pension and family pension

must be paid to the petitioner within the aforesaid period.

Patna High Court CWJC No.947 of 2023 dt.01-08-2023

4. The writ petition, accordingly, stands disposed

of.

(Purnendu Singh, J)

mantreshwar/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          07.08.2023
Transmission Date       N.A.
 

 
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