Patna High Court
Gauri Shankar Jha vs The State Of Bihar on 16 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3702 of 2021
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1(i) Asha Devi, wife of Late Gauri Shankar Jha,
(ii) Sanjay Kumar Jha, Son of Late Gauri Shankar Jha,
(iii) Binay Kumar Jha, Son of Late Gauri Shankar Jha,
All Resident of Village- Telhar, P.S.- Maheshi, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
3. The Principal Secretary, Rural Works Department, Government of Bihar,
Patna.
4. The Under Secretary, Water Resources Department, Government of Bihar,
Patna.
5. The Under Secretary, Rural Works Department, Government of Bihar, Patna.
6. The Chief Engineer, Rural Works Department-2, Bhagalpur Camp (Head
Office), Patna.
7. The Superintending Engineer, Rural Works Department, Works Circle,
Darbhanga.
8. The Executive Engineer, Rural Works Department, Works Division,
Phulparas, District- Madhubani.
9. The Accountant General, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Satish Chandra Jha 3, Advocate
Mr. Shambhoo Kumar Suman, Advocate
For the Respondent/s : Mr. Akash Raj, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 16-01-2024
Heard Mr. Satish Chandra Jha, learned counsel for
the petitioner and Mr. Akash Raj, learned counsel for the State.
2. It is submitted on behalf of the petitioner that
during the pendency of the writ petition, the sole petitioner has
died and, as such, an interlocutory application, bearing I.A. No.
1 of 2021, has been filed for substitution of his legal heirs,
Patna High Court CWJC No.3702 of 2021 dt.16-01-2024
particulars of which has been mentioned in para.2 thereof.
3. In view of the averments made in the
interlocutory application, I.A. No. 1 of 2021 stands allowed.
4. Office is directed to make necessary correction in
the cause title of the writ petition.
5. It is further submitted that on account of pending
departmental proceeding, the erstwhile employee had been
allowed only provisional pension, which has also been stopped
w.e.f. April, 2019, without disclosing any cogent reason for the
same.
6. Now in the background of the demise of the sole
petitioner, who was facing the departmental proceeding, he
submits at the bar that now the departmental proceeding came to
an end, and, thus, there is no impediment in according final
pension as well as family pension. He further submitted that
after the demise of the erstwhile employee, the wife of the sole
petitioner has been allowed the provisional family pension as
well as the arrears of provisional pension.
7. In view of the submissions advanced on behalf of
the petitioners, the present writ petition stands disposed of with
a direction to respondent no.3 to take a final decision on the
matter of final pension of the erstwhile employee as well as
Patna High Court CWJC No.3702 of 2021 dt.16-01-2024
final family pension of the widow of the erstwhile employee
preferably within a period of eight weeks from the date of
receipt/production of a copy of this order.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.01.2024
Transmission Date NA
