Patna High Court
Jyoti Devi vs The State Of Bihar on 22 November, 2023
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11405 of 2023
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Jyoti Devi, Wife of Late Neeraj Kumar, Resident of House No. 2, Road No.
12, New Alkapuri, P.S- Gardanibagh, Town and District- Patna- 800002.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The District Magistrate, Bhojpur, Ara.
3. The District Education Officer, Bhojpur (Ara).
4. The District Programme Officer (Establishment), Bhojpur, Ara.
5. The Principal, Sanskrit Uchcha Vidyalaya, Ara (Bhojpur).
6. The Accountant General, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vinod Pandey, Advocate
For the Respondent/s : Mrs. Meera Singh, AC to GP-23
For the Accountant General : Mr. Binod Kumar Labh, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 22-11-2023
Heard Mr. Vinod Pandey, learned counsel for the
petitioner and Mrs. Meera Singh, learned counsel for the State.
The Accountant General, Bihar is represented by Mr. Binod
Kumar Labh, learned counsel.
2. The petitioner is the hapless widow of erstwhile
employee Neeraj Kumar, who died in harness on 25.02.2022,
filed the present writ petition seeking a direction upon the
concerned respondents to compute and ensure payment of entire
family pension and admissible post-retiral benefits.
Patna High Court CWJC No.11405 of 2023 dt.22-11-2023
3. Counter affidavits have been filed on behalf of
the respondents stating therein that all the retiral benefits,
including 90% provisional pension, gratuity and earned leave,
have been paid to the petitioner. It is further submitted that the
petitioner has also been allowed the benefit of 7 th Pay Revision
and in this way, the retiral claim, with respect to the deceased
employee, has been redressed. It is also submitted that final
family pension shall be started immediately.
4. At this juncture, learned counsel for the
petitioner submits that the petitioner has not been handed over
the calculation chart, so that she can verify as to under which
head she has been allowed the benefits.
5. Considering the submissions made on behalf of
the parties, the present writ petition stands disposed of with a
liberty that if the petitioner is not satisfied with the calculation
made by the respondent authorities and if there is still any due
amount, she may file a proper representation before the
respondent nos. 4 and 6 preferably within a period of one month
from today.
6. In case, such representation is filed by the
petitioner, the respondent authorities shall consider the same and
Patna High Court CWJC No.11405 of 2023 dt.22-11-2023
pass necessary order to ensure payment of remaining admissible
dues within a further period of eight weeks from the date of
filing of such representation.
7. This disposes the present writ petition.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.11.2023
Transmission Date NA
