Kumkum Devi vs The State Of Bihar
2024 Latest Caselaw 582 Patna

Patna High Court

Kumkum Devi vs The State Of Bihar on 23 January, 2024

Author: Harish Kumar

Bench: Harish Kumar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3965 of 2022
     ======================================================
     Kumkum Devi Wife of Late Ashok Kumar, Resident of Mohall Peer Pahari
     Patel Nagar, P.O. Biharsharif, P.S. Laheri, District-Nalanda.
                                                                   ... ... Petitioner/s
                                          Versus
1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2.   The District Magistrate cum Collector, Nalanda at Biharsharif.
3.   The Establishment Deputy Collector, Nalanda at Biharsharif.
4.   The Anchaladhikari, Biharsharif, Nalanda.
5.    Kiran Devi, Wife of Mahanand Bhagat, resident of Mohalla Naisarai Sangat
      Gali, P.O. Biharsharif, P.S. Bihar, District Nalanda.
                                                            ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :       Mr. Amar Nath Singh
     For the Respondent/s    :       Mr. Anil Kumar, AC to SC 8
     =======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                         ORAL JUDGMENT
     Date : 23-01-2024

                   Heard Mr. Amar Nath Singh, learned counsel

      appearing on behalf of the petitioner and Mr. Anil Kumar,

      learned counsel for the State.

                   2. Learned counsel for the State seeks permission to

      file counter affidavit.

                   3. Permission is accorded.

                   4. Let the same be taken on record.

                   5. The petitioner claiming herself to be second wife

      of late Ashok Kumar who died in harness on 25.10.2015 while

      posted as Daftari in the District Record Room under the

      Collectorate, Nalanda, has filed the present writ petition seeking

      a direction upon the respondents to ensure payment of all the

      terminal dues of her husband along with statutory interest.
              Patna High Court CWJC No.3965 of 2022 dt.23-01-2024
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                                   6. A counter affidavit has been filed on behalf of

                      respondent Nos. 2 to 4. It is submitted on behalf of the

                      respondent State authorities that taking note of the rival claim

                      made on behalf of the first wife and the second wife, an enquiry

                      was conducted and legal opinion has been sought for. Taking

                      note of the enquiry report submitted by the respondent No. 4,

                      the District Magistrate, Nalanda vide Memo No. 94 dated

                      11.01.2024

directed the office to ensure payment of all the

retiral benefits of the deceased employee, Ashok Kumar, to the

petitioner, the copy of the order has been brought on record by

way of Annexure R/K to the counter affidavit.

7. Considering the decision taken by the District

Magistrate, Nalanda, based on the enquiry report, the present

writ petition stands disposed of with a direction to the

respondent No. 2 to ensure the payment of all the

retiral/terminal dues, preferably within a period of eight weeks

from the date of receipt/production of a copy of this order.

8. This disposes the writ petition.

(Harish Kumar, J) Anjani/-

AFR/NAFR
CAV DATE
Uploading Date           23 .01.2024
Transmission Date