Vimala Kumari vs The State Of Bihar
2025 Latest Caselaw 3424 Patna

Patna High Court

Vimala Kumari vs The State Of Bihar on 23 April, 2025

Author: Harish Kumar

Bench: Harish Kumar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10519 of 2024
     ======================================================
     Vimala Kumari wife of Late Sh. Prem Prakash Panday, resident of Kuraich
     Mahaveer Sthan, P.O.-Sasaram, District-Rohtas, Bihar-821115.
                                                                ... ... Petitioner/s
                                        Versus
1.    The State of Bihar through the Principal Secretary, General Administration
      Department, Bihar, Patna.
2.   The Deputy Secretary, General Administration Department, Patna, Bihar.
3.   The District Programme Officer, Establishment, Kaimur, Bhabua, Bihar.
4.   The District Education Officer, Kaimur, Bihar.
5.   The District Magistrate, Kaimur, Bhabua, Bihar.
6.    The Accountant General, Bihar, Birchand Patel Path, Patna, Bihar.
                                                              ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Priyajeet Pandey, Adv.
                                    Ms. Megha, Adv.
                                    Mr. Kaustubh Kumar, Adv.
                                    Ms. Aastha Pandey, Adv.
     For the State          :       Mr. Prashant Pratap, GP 2
                                    Mr. Asit Kumar Jha, AC to GP 2
     For the AG             :       Mr. Ram Yash Singh, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                         ORAL JUDGMENT
     Date : 23-04-2025
              Heard the parties.

                  2. The husband of the petitioner died in harness on

      26.07.2023

while working as Headmaster at Girls Middle

School, Mohania, Kaimur. Notwithstanding the aforesaid fact

when the death-cum-retiral benefits and other dues have not

been paid to the petitioner, she approached this Court by filing

the present writ petition.

3. Learned Advocate for the petitioner at the outset

submits that during the pendency of the writ petition all the

substantive death-cum-retiral benefits have been paid to the Patna High Court CWJC No.10519 of 2024 dt.23-04-2025

petitioner, except salary for the period October 2016 till the

death of the petitioner's husband.

4. Learned Advocate for the State referring to the

averments made in the counter affidavit filed on behalf of the

respondent no. 3 has submitted that all the admissible retiral

benefits have been extended to the petitioner; however he is

unable to find any response in the counter affidavit with regard

to the claim for salary of the erstwhile employee.

5. Considering the submissions advanced on behalf of

the learned Advocates for the respective parties as also the

nature of the left over grievance, the writ petition stands

disposed of with a direction to the respondent nos. 3 and 4 to

examine the claim of the husband of the petitioner for salary

since October, 2016 till his death, preferably within a period of

12 weeks from today and ensure payment of all the admissible

amount, in accordance with law, failing which the petitioner

shall be entitled to get interest over the delayed payment as per

the prevalent Bank rate.

(Harish Kumar, J) Anjani/-

AFR/NAFR
CAV DATE
Uploading Date            24.04.2025
Transmission Date