Citation : 2025 Latest Caselaw 949 Patna
Judgement Date : 31 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18998 of 2024
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Miss Pinki Kumari daughter of Late Rajendra Prasad Sharma, represented by
her elder brother, next friend and Legal Guardian, Arvind Kumar Sharma,
permanent resident of Village-Sultanpur, Ward No.-3, Panchayat-More
(West), Post Office- Kanhaipur, Police Station- Mokama, District-Patna and at
present residing at 4/A, Shakuntla Garden, Punaichak, Patna-800023.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, New Secretariat, Patna.
2. The Baba Saheb Bhimrao Ambedkar, Bihar University, Muzaffarpur.
3. The Vice Chancellor, Baba Saheb Bhimrao Ambedkar, Bihar University,
Muzaffarpur.
4. The Registrar, Baba Saheb Bhimrao Ambedkar, Bihar University,
Muzaffarpur.
5. The Finance Officer, Baba Saheb Bhimrao Ambedkar, Bihar University,
Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar, Adv.
For the State : Mr. Sitaram Yadav, GP 16
Mr. Yatindra Narayan, AC to GP 16
For the BRAU : Mr. Sunil Kumar Karn, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 31-07-2025
Heard the parties.
2. The petitioner has prayed to this Court for the
following reliefs:
"(i) Payment of Rs. 28,908/- towards 50% merger of
Dearness Relief in Pension for the period 01.01.2005
to 31.03.2007 payable to Late Prof. Rajendra Prasad
Sharma, the father of petitioner.
(ii) Difference of balance amount of arrears of revision
of 20% enhanced additional pension admissible on
attaining 80 years of age w.e.f. 02.06.2016 payable to
Late Prof. Rajendra Prasad Sharma as per Resolution
Patna High Court CWJC No.18998 of 2024 dt.31-07-2025
2/3
No.-593 dated 06.03.2019 of the Finance Department,
Government of Bihar while revising the pension w.e.f.
01.01.2016
for University employees for the period 02.06.2016 to 11.10.2018.
(iii) Medical allowance on pension @Rs.1000/- instead of Rs.200/- for the period 20.10.2017 to 11.10.2018 payable to Prof. Rajendra Prasad Sharma.
(iv) Family pension @43,260/- instead of Rs.14,220/- for the period 12.10.2018 to 31.03.2019 payable to petitioner.
(v) Medical Allowance on Family Pension@Rs. 1000/- instead of Rs. 200/- for the period 12.10.2018 to 31.03.2019 payable to petitioner.
(vi) Penal/Statutory interest on delayed payment of Family pension including arrears amounting to Rs. 27,02,449/- to the petitioner for the period 12.10.2018 to 28.02.2023 which was actually paid vide letter dated 27.02.2023 despite order of the Hon'ble Court to pay the same within a month vide order dated 24.09.2020 in CWJC no. 5689 of 2019.
(vii) For any other relief/reliefs to which he may be found entitled in the facts of the present case."
3. After some argument, learned Advocate for the
petitioner submits that for ventilating the grievance as raised
hereinabove, the petitioner has filed a detailed representation,
copy of which is placed on record as Annexures-P/12 and P/13;
however, till date the same has not been brought to its logical
conclusion and, thus, the petitioner has not been extended the
benefits.
4. Learned Advocates for the respondents are present.
5. Considering the limited grievance of the petitioner, Patna High Court CWJC No.18998 of 2024 dt.31-07-2025
the present writ petition stands disposed of with a direction to
the respondent No. 4 to consider the claim of the petitioner as
raised in Anneuxre P/12 to the writ petition, preferably within a
period of 12 weeks from the date of receipt/production of a copy
of this order.
6. Suffice it to observe, in case the claim of the
petitioner finds favour, consequential monetary benefits shall be
accorded to her within the stipulated period.
7. The writ petition stands disposed off.
(Harish Kumar, J)
Anjani/-
AFR/NAFR CAV DATE Uploading Date 01.08.2025 Transmission Date
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