Citation : 2023 Latest Caselaw 3423 Patna
Judgement Date : 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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