Sushila Devi vs The State Of Bihar And Ors
2023 Latest Caselaw 3012 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3840 of 2019
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Sushila Devi W/o Late Ashok Kumar Vill.- Bariyarpur, P.s.- Khodawandpur, Distt.- Begusarai ... ... Petitioner/s Versus

1. The State Of Bihar and Ors through its Principal Secretary, Bihar Panchayati Raj Department at Patna

2. The Collector District of Begusarai at Begusarai

3. The Deputy Development Commissioner District of Begusarai at Begusarai

4. Block Development Officer Bachhawara, Distt.- Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the State : Mr. Prabhat Ranjan, AC to GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 13-07-2023 Heard Mr. Binod Kumar, learned counsel

appearing on behalf of the petitioner and Mr. Prabhat Ranjan,

learned counsel appearing on behalf of the State.

2. The petitioner has filed the present writ petition

for following reliefs:

"(i) For giving direction to Respondent to pay family pension.

(ii) For giving direction to Respondent to pay G.P.F.

(iii) For giving to Respondent to pay gratuity.

(iv) For giving direction to Respondent to pay leave encashment."

3. The husband of the petitioner had retired from

the post of Panchayat Secretary. It is informed that the

substantial payments on account of different heads of retiral Patna High Court CWJC No.3840 of 2019 dt.13-07-2023

dues have been paid to the petitioner. The specific statement has

been made in Paragraph No. 6 of the supplementary counter

filed on behalf of the respondent no. 2 to 4.

4. Learned counsel appearing on behalf of the State

informed that certain amount of gratuity has been adjusted on

account of remaining due amount of loan which was required to

be paid by the petitioner.

5. Learned counsel appearing on behalf of the

petitioner submits that petitioner is ready to file a detailed

representation in view of fact that the calculation relating to the

loan advance taken by the husband of the petitioner and the

amount on account of gratuity, which was required to paid to the

petitioner and if any substantial amount remains after adjusting

the loan amount, the same be paid to the petitioner forthwith.

6. Considering the statement made in Paragraph

No. 6 of the supplementary counter affidavit the petitioner, if so

advised, in case she is not satisfied with the payments as has

been shown on different heads to have been paid to the

petitioner, she may file a detailed representation before the

District Panchayati Raj Officer, Begusarai, who will ensure

payment on account of remaining dues along with up to date

statutory interest within a period of six weeks. In case, he does Patna High Court CWJC No.3840 of 2019 dt.13-07-2023

not abide by this order to take appropriate steps within the

aforesaid period, the petitioner is at liberty to take appropriate

action against the District Panchayat Raj Officer in accordance

with law.

7. With the above observations and directions, the

present writ petition stands disposed of.

(Purnendu Singh, J)

Manish/-

Minu/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          17.07.2023
Transmission Date       NA