Patna High Court
Kiran Devi vs The State Of Bihar on 31 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.85 of 2023
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Kiran Devi widow of Late Shashi Ranjan Prasad, Resident of Kanhaiya
Mishra Pokhar (K.M. Tank), Laheriya Sarai, Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Water
Resource Department, Government of Bihar, Patna.
2. The Principal Secretary, Department of Water Resource Department,
Government of Bihar, Patna.
3. The Engineer in Chief, Water Resource Department, Government of Bihar,
Patna.
4. The Executive Engineer, Water Resource Department, Darbhanga Division,
Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Adv.
For the Respondent/s : Mr. Vijay Kumar Verma, AC to GA-2
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 31-08-2023
Heard Mr. Anand Kumar Ojha, learned counsel
appearing on behalf of the petitioner and Mr. Vijay Kumar Verma
learned counsel appearing on behalf of the State.
2. Learned counsel appearing on behalf of the petitioner
submits that the Controlling Officer of the deceased employee
namely Late Shashi Ranjan Prasad, who had retired from the post
of Head Clerk, has found him to be entitled to receive pay-scale of
Rs. 1640-60-2600-75-2960 w.e.f. 01.03.1992 and further the
monetary benefit has not been given to the deceased employee, as
Patna High Court CWJC No.85 of 2023 dt.31-08-2023
such the family pension of the petitioner has been fixed as a
reduced rate. The petitioner has filed detail representation for
granting the relief claimed by her in accordance with the letter no.
1490, dated 01.04.2020. The Executive Engineer, Water Resources
Department, posted at Biraul without considering the fact that the
date of birth of the deceased employee is 08.10.1925 and date of
his appointment is 17.11.1953. The apparent mistake committed
by the Executive Engineer has compelled the petitioner to file the
present writ petition. Learned counsel further submits that the
present is not a case that due to mis-representation the deceased
had obtained service on the basis of incorrect date of birth rather
the impeccable documents available with the service record of the
deceased would show that the service book of the husband of the
petitioner was opened after being satisfied with the records
produced at the time of joining of the husband of the petitioner.
The service book reveals that the date of birth of the husband of
the petitioner is 08.10.1935.
3. This Court finds that non-consideration of the correct
date of birth of the husband of the petitioner, the department
cannot initiate the whole exercise by considering the seniority of
the husband of the petitioner. The deceased employee at the
relevant point was posted on the post of Head Clerk and from
Patna High Court CWJC No.85 of 2023 dt.31-08-2023
perusal of the final gradation list it would appear that the date of
birth of the deceased employee has been mentioned as 08.10.1935.
If the petitioner is being harassed for the mistake committed by the
Executive Engineer, who has mentioned the date of birth of the
deceased employee as 08.10.1932, ignoring the date of birth
mentioned in the seniority list and the service book of the deceased
employee.
4. Considering the said date of birth of the husband of
the petitioner, who had retired on 31.01.1993, at the age of 58
years, in accordance with the prevailing circular of the State
Government, learned counsel further submits that the persons
junior to the husband of the petitioner have been granted
promotion to the post of Principal Assistant w.e.f. 01.03.1992.
5. In these background, learned counsel seeks to file
detail representation before the Principal Secretary, Department of
Water Resources Department, Government of Bihar, Patna,
respondent no. 2.
6. The Principal Secretary, Department of Water
Resources Department, Government of Bihar, Patna, respondent
no. 2 is directed to call for the service records relating to the
husband of the petitioner from the office of the Executive
Engineer, Water Resources Department, Biraul to verify the
Patna High Court CWJC No.85 of 2023 dt.31-08-2023
records particularly with respect to the date of birth of the husband
of the petitioner and accordingly take action to grant all the relief
as prayed for by the petitioner in the present writ petition in
accordance with law within a period of four weeks from the date
of passing of this order.
7. The Principal Secretary, Department of Water
Resources Department, Government of Bihar may consider the
fact that the petitioner is an illiterate widow and she requires small
compassion taking into consideration that she has to face acute
financial crisis, on account of non-payment of admissible family
pension to her on account of denial of the cadre promotion to the
post of Principal Assistant w.e.f. 01.03.1992.
8. In case, the Principal Secretary, Department of Water
Resources Department, Government of Bihar, Patna, respondent
no. 2 finds that the petitioner is not entitled for the relief as prayed
for in the present writ petition as well as in the representation, then
in that case he is required to give proper opportunity of hearing to
the petitioner, who may represent through her appointed learned
counsel or by her representative. The final decision must be taken
by him without being prejudice by any of the order passed by his
Subordinate Authority.
Patna High Court CWJC No.85 of 2023 dt.31-08-2023
9. With the above observation and direction the writ
petition stands disposed of.
(Purnendu Singh, J)
pravinkumar/-
AFR/NAFR NAFR
CAV DATE NA
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