Chandra Prabha Kumari @ Chandra Prabha ... vs The State Of Bihar
2024 Latest Caselaw 341 Patna

Patna High Court

Chandra Prabha Kumari @ Chandra Prabha ... vs The State Of Bihar on 12 January, 2024

Author: Harish Kumar

Bench: Harish Kumar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15551 of 2023
     ======================================================
     Chandra Prabha Kumari @ Chandra Prabha Devi, W/o Late Ashok Kumar
     Das, Resident of Kali Mandir Lane Mohalla- Ramganj, P.S.- Laheriasarai,
     District- Darbhanga (Bihar), Pin- 846004.

                                                                ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Principal Secretary- cum- Director, Education
     Department, Government of Bihar, Patna.
2.   The Tilka Manjhi Bhagalpur University, through the Vice Chancellor.
3.   The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.
4.   The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur.
5.   The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur.
6.   The Head of the Department Post Graduate Department of Hindi, Tilka
     Manjhi Bhagalpur University, Bhagalpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Neraj Singh, Advocate
                                   Mr. Radha Raman Verma, Advocate
     For the Respondent/s   :      Mr. Prabhakar Jha, GP-27
                                   Mr. Shankar Kumar Thakur, AC to GP-27
     For the University     :      Mr. Ashhar Mustafa, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT

Date : 12-01-2024

Heard Mr. Neeraj Singh, learned counsel appearing

on behalf of the petitioner and Mr. Shankar Kumar Thakur,

learned AC to GP-27 for the State. The University is represented

by Mr. Ashhar Mustafa, learned counsel.

2. The petitioner is a hapless widow of late Ashok

Kumar Das, who superannuated on 30.04.2007 from the post of

Assistant and subsequently died on 09.01.2023, has filed the

present writ petition seeking a direction upon the respondent Patna High Court CWJC No.15551 of 2023 dt.12-01-2024

University to ensure payment of all the terminal dues of her late

husband along with the difference of arrears of pension and the

benefits accrued on account of ACP as well as arrears of pension

on account of revised 7th Pay Scale.

3. A counter affidavit has been filed on behalf of the

University wherein a categorical assertion has been made in

para. 5 of the counter affidavit that all the admissible dues of the

erstwhile employee has been accorded to the petitioner. Further

submission has been made that the University has also fixed the

family pension of the petitioner at the rate of Rs.18,660/- per

month alongwith other admissible allowances vide Letter No.

ACC 9835, dated 09.05.2023, and the petitioner is getting

current family pension.

4. Considering the specific averments made in the

counter affidavit, which has not been refuted by the learned

counsel for the petitioner, the present writ petition stands

disposed of.

5. Needless to observe that if the petitioner has any

other grievance in respect to non-payment of any amount, under

any head, she shall be at liberty to file an appropriate

representation before the competent authority, who shall

consider and dispose of the same by passing a reasoned and Patna High Court CWJC No.15551 of 2023 dt.12-01-2024

speaking order.

6. This disposes the writ petition.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          15.01.2024
Transmission Date       NA