Patna High Court
Geeta Devi vs The State Of Bihar on 4 December, 2023
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6790 of 2023
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Geeta Devi widow of Late Ram Naresh Rai, R/o Village Banjari, P.S.
Gopalganj, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General and Inspector General of
Police, Main Secretariat, Patna.
2. The Director General and Inspector General of Police, Main Secretariat,
Patna.
3. The Deputy Inspector General of Police (Personnel), Bihar, Patna.
4. The Senior Superintendent of Police, Patna.
5. The Sergeant Major (I), Patna.
6. Harkesh Rai, S/o Shankar Rai, R/o Village Banjari, P.O. and P.S. Banjari,
District - Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate
For the Respondent/s : Mrs. Babita Kumari, AC to SC-1
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 04-12-2023
Learned counsel for the petitioner seeks permission to
make the DIG, Koshi Range, Saharsa as a party respondent no.
5(i) in course of the day.
2. The permission is accorded.
3. Heard Mr. Jitendra Kumar Giri, learned counsel
appearing on behalf of the petitioner and Mrs. Babita Kumari,
learned AC to SC-1.
4. The husband of the petitioner, Ram Naresh Rai,
who was working as a Constable in the Patna District Police
died in harness on 27.01.1989 and as the son of the petitioner
Patna High Court CWJC No.6790 of 2023 dt.04-12-2023
2/5
was only aged about 02 years, she submitted her application
before the higher authorities to allow the appointment on
compassionate ground to the younger brother of her husband,
and finally the same has been accorded, who is respondent no. 6
in the present case.
5. It is to be noted that in course of time, when the
respondent no. 6 has refused to maintain the petitioner, certain
complaints were made leading to the dismissal of respondent no.
6.
6. On being aggrieved, the respondent no. 6 filed
CWJC No. 15316 of 2001, which came to be disposed of on
22.11.2007
, with a direction to the private respondent no. 6 to
ensure payment of 50 per cent of salary withdrawn by him to the
petitioner.
7. In terms of the order of this Court in CWJC No.
15316 of 2001 passed on 22.11.2001, the petitioner started
paying the half of the salary to the petitioner but, suddenly in
the year 2018, the respondent no. 6 denied the same and, as
such, the petitioner being a widow entirely dependent upon the
monetary resources, as provided to her in terms of the order of
this Court, left with no option but to file several representation
before all the authorities, but to no avail. Hence, the present writ
Patna High Court CWJC No.6790 of 2023 dt.04-12-2023
petition seeking a direction upon the respondent concerned to
refrain from making the post retiral benefits as well as pension
to the private respondent no. 6, who has acted in defiance of the
order of this Court dated 22.11.2007 passed in CWJC No. 15316
of 2001 with further prayer to direct the State respondent to
provide the petitioner with half portion of the retiral benefit and
other admissible dues.
8. A counter affidavit has been filed on behalf of the
Superintendent of Police, Saharsa. By referring to averments
made therein, learned counsel for the State submitted that the
respondent no. 6 on being reinstated in service, he was making
payment of half of his salary to the petitioner, however, in
course of time, he was transferred to Saharsa District Force,
where he went on six days casual leave, but did not return to
give his joining and thus, his salary was held up by the Saharsa
District Order No. 832/2018. On inquiry, it was reported that the
respondent no. 6 got bed-ridden and was suffering from other
ailments. He applied for voluntary retirement from service on
19.03.2018 and when the same was not entertained, he also filed
CWJC No. 2669 of 2019.
9. In the light of the order of a Bench of this Court,
the application for V.R.S. was duly considered and finally he
Patna High Court CWJC No.6790 of 2023 dt.04-12-2023
was granted V.R.S. with effect from 31.12.2022, vide Saharsa
District Order No. 1679/2022.
10. It has further been averred on behalf of the official
respondents that in terms of the order of this Court passed in
favour of the petitioner for apportionment of salary of the
respondent no. 6, a guideline was sought in the matter from the
DIG, Koshi Range, Saharsa vide Memo No. 615 dated
06.04.2023 and in response thereto, the DIG, Koshi Range,
Saharsa has directed under his Memo No. 2071/GS dated
23.09.2023 to wait for the final outcome passed in CWJC No.
2669 of 2019. It is next submitted that so far the earlier order
dated 22.11.2007 in CWJC No. 15316 of 2001 is concerned, that
was only with regard to the payment of half of the salary of
respondent no. 6 in bank account of the petitioner. Now the
respondent no. 6 has been superannuated with effect from
31.12.2022, and thus afresh determination is required.
11. In view of the submissions advanced on behalf of
the parties and the dispute raised by filing the present writ
petition, this Court deems it proper to relegate the matter to the
DIG, Koshi Range, Saharsa to take an appropriate decision after
giving opportunity of hearing to both the petitioner as well as
respondent no. 6 and after coming to an amicable settlement
Patna High Court CWJC No.6790 of 2023 dt.04-12-2023
between the parties, pass a speaking order. It goes without
saying that the petitioner is a widow of the erstwhile employee,
after whose death the respondent no. 6 has been allowed the
benefit of compassionate appointment thus, before passing any
order the DIG, Koshi Range, Saharsa shall consider every
aspect of the matter, including the order dated 22.11.2007 in
CWJC No. 15316 of 2001 vis a vis the interest of ailing
employee and his dependents. The petitioner is at liberty to file
a proper representation before the newly added respondent no.
5(i), preferably within a period of four weeks from today. It is
expected that the entire exercise shall be completed preferably
within a period of ten weeks.
12. With the aforesaid observation, the present writ
petition stands disposed of.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.12.2023.
Transmission Date NA
