Munni Devi vs The State Of Bihar
2025 Latest Caselaw 2030 Patna

Patna High Court

Munni Devi vs The State Of Bihar on 27 February, 2025

Author: Harish Kumar

Bench: Harish Kumar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6735 of 2022
     ======================================================
     Munni Devi W/o Late Ramashish Chaudhari, Sakhekhas, P.S. Uchkagaon,
     District-Gopalganj.

                                                                  ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through District Magistrate, Gopalganj.
2.   The Block Development Officer, Bhore, Gopalganj.
3.   The Block Development Officer, Barauli, Gopalganj.
4.   The Block Development Officer, Kuchaikote, Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Shashwat Srivastava, Adv.
                                   Mr.Ranjan Kumar Srivastava, Adv.
     For the Respondent/s   :      Mr.Ajay (GA 5)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                         ORAL JUDGMENT
     Date : 27-02-2025

                    Heard the parties.

                    2. The husband of the petitioner died in harness on

      07.02.2020

while discharging his duty on the post of Panchayat

Secretary of Kuchaikote Block. Despite his unfortunate demise

when the petitioner has not been allowed death cum retiral dues

along with salary for certain period, she approached before this

Court by filing the present writ petition.

3. A counter affidavit has been filed with a categorical

averments that after recovery of the amount of Rs.650275.00, all

the admissible dues have already been paid to the petitioner. It is

also averred that for payment of gratuity amount and pension a Patna High Court CWJC No.6735 of 2022 dt.27-02-2025

proposal under letter No. 1723 dated 20.10.2022 was sent to the

Accountant General, Bihar, who, in turn, issued the authority

letter for pension and gratuity.

4. Learned Advocate for the petitioner contended that

despite the issue stands settled by the Full Bench of this Court in

the case of Kamlanand Thakur Vs. The State of Bihar in

CWJC No. 18727 of 2017, wherein the Full Bench of this Court

in no uncertain terms has held that passing of the Departmental

Accounts Examination is not sine qua non for extending the

benefit of ACP; the husband of the petitioner has not been

allowed the benefits of ACP. It is further contended that the

recovery of Rs.650275.00 is also arbitrary and unjustified and

thus he seeks liberty to challenge the action of the respondents

to the extent recovery has been made.

5. In view of the submissions advanced on behalf of

the learned Advocates for the respective parties and the

averments made in the counter affidavit, this Court deems it

appropriate to dispose of the writ petition with a liberty to the

petitioner to assail the order by which recovery has been

directed.

6. This Court further directs the respondent concerned

to consider the claim of the husband of the petitioner for grant Patna High Court CWJC No.6735 of 2022 dt.27-02-2025

of ACP if he is otherwise found fit.

7. The aforesaid exercise must be completed,

preferably within a period of 3 months from the date of

receipt/production of a copy of this order.

8. With the aforesaid direction and liberty, the writ

petition stands disposed of.

(Harish Kumar, J) Anjani/-

AFR/NAFR
CAV DATE
Uploading Date             28.02.2025
Transmission Date