Patna High Court
Mst. Prema Kuer @ Prema Devi vs The State Of Bihar on 15 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6342 of 2020
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Mst. Prema Kuer @ Prema Devi Wife of Late Yogendra Raut Resident of
Mohalla- Jagjivan Nagar, Naurangabad, P.s.- Bettiah Town, District- West
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Health Department, Bihar, Patna
2. The District Magistrate, Bettiah, District West Champaran
3. The Civil Surgeon-cum-Chief Medical Officer, Bettiah, District West
Champaran
4. The Chairman Nagar Parishad, Bettiah, District West Champaran
5. The Executive Officer, Nagar Parishad, Bettiah, District West Champaran
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate
For the Respondent/s : Mr. S D Yadav, AAG-9
Mr. B B Mishra, AC to AAG-9
For the Nagar Parishad : Mr. Priyadarshi Matri Sharan, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 15-01-2024
The petitioner, who is the widow of late Yogendra
Raut, has filed the present writ petition seeking a direction upon
the respondent to ensure the payment of all the post retiral
benefits, apart from the appointment of son of the deceased
employee, on compassionate ground.
2. A counter affidavit has been filed on behalf of the
respondent no. 5 with categorical assertion that so far the arrears
of salary, gratuity, unutilized earned leave and provident fund
are concerned, the petitioner has already been paid all the
admissible dues on the basis of 4th Pay Revision, however,
Patna High Court CWJC No.6342 of 2020 dt.15-01-2024
subsequently, the petitioner has also been accorded the benefits
of aforenoted dues under the 5th and 6th Pay Revision to the tune
of Rs. 7,35,475/-.
3. It is submitted that so far fixation of pension is
concerned, as per Rules 4 (i) and (ii) of Bihar Municipal
Pension Rules, 1987, in order to get contributory pension, in
place of provident fund, an employee had to exercise his option
vide Form Annexure - (i) within 90 days, which has not been
done by the deceased husband of the petitioner and he
admittedly chosen to continue with the old scheme.
4. Needless to observe that no rejoinder to the counter
affidavit has been filed, till date. Further submissions has been
made on behalf of the Corporation that so far the appointment of
the son of the deceased employee on compassionate ground is
concerned, till date, no such application for appointment on
compassionate ground has been received, on behalf of any of
the legal heirs in his/her individual capacity. He further clarified
the position that from perusal of the order dated 15.10.2019,
passed in CWJC No. 14088 of 2014, the learned Court had held
that the petitioner was allowed to continue in service till
January, 2016. However, in the above order, it has further been
observed that the death of Late Yogendra Raut, on 11.03.2016,
Patna High Court CWJC No.6342 of 2020 dt.15-01-2024
has been treated as death in harness, which appears to be an
error on record, as the husband of the petitioner was declared
entitled in service by the Hon'ble Court, only till January, 2016.
5. Be that as it may, till date, no such application has
been filed for claim of appointment on compassionate ground
on behalf of any of the legal heirs, the present writ petition
stands disposed of, with a liberty to the petitioner that if the
petitioner has still any grievance with respect to compassionate
appointment, she is at liberty to file a fresh application before
the Municipal Corporation, who shall consider and dispose of
the same by a reasoned and speaking order.
6. This disposes the writ petition.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.01.2024.
Transmission Date NA
