Patna High Court
The State Of Bihar And Ors vs Most. Sonamati Devi And Ors on 27 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1043 of 2014
In
Civil Writ Jurisdiction Case No.9498 of 2013
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1. The State of Bihar.
2. The Home Secretary, Government of Bihar.
3. The Finance Secretary, New Secretariat, Government of Bihar, Patna.
4. The District Magistrate, Siwan.
5. The Superintendent of Police, Siwan.
6. The District Provident Fund Officer, Siwan.
7. The Circle Officer, Siswan, Siwan.
8. The Treasury Officer, Siwan.
... ... Appellants.
Versus
1. Most. Sonamati Devi, Wife of Late Raj Banshi Manjhi, Resident of Village -
Panch Vinda, Post Office - Siswakala, Police Station-M.H. Nagar,
Hasanpura, District - Siwan.
2. The Accountant General (Aande), Virchand Patel Path, Patna.
... ... Respondents.
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Appearance :
For the Appellants : Ms. Binita Singh, SC-28.
Mr. Vivek Anand Amritesh, AC to SC-28.
For the Respondent No.1 : Mr. Manoranjan Patel, Advocate.
Ms. Pragya Sinha, Advocate.
Mr. Abhishek Kumar, Advocate.
For the Respondent No.2 : Mr. Arun Kumar Arun, Advocate.
(The Accountant General)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 27-03-2025
The present L.P.A. is by the State in assailing the order
of the learned Single Judge dated 03.03.2014 passed in C.W.J.C.
No.9498 of 2013.
2. Core issue involved in the present lis is whether the
Patna High Court L.P.A No.1043 of 2014 dt.27-03-2025
respondent no.1-Most. Sonamati Devi, wife of Late Raj Banshi
Manjhi, is entitled to retiral benefits on account of death of her
husband- Raj Banshi Manjhi on 05.03.2004 read with his date of
appointment on 24.05.1980 or not? Retiral benefits and Family
Pension has not been paid only on the score that subsequent to
death of Raj Banshi Manjhi, one Punyadeo Manjhi stated to be
brother of deceased-Raj Banshi Manjhi has discharged the
duties of the post held by deceased employee. Thereafter,
Punyadeo Manjhi is also stated to have died on 02.06.2012.
Arising out of these factual aspects, certain cases were stated to
have been registered by the respondent no.1-Most. Sonamati
Devi.
3. Be that as it may, it is undisputed that deceased-Raj
Banshi Manjhi was appointed as a Chowkidar on 24.05.1980 on
compassionate ground and he has discharged the duties of the
post of Chowkidar upto 05.03.2004, the date on which he died.
Resultantly, respondent no.1-Most. Sonamati Devi is entitled to
retiral benefits of her late husband-Raj Banshi Manjhi and
consequently Family Pension. In this regard, the State-
appellants cannot withheld retiral beneifts of the deceased-Raj
Banshi Manjhi and Family Pension of the respondent no.1-
Most. Sonamati Devi. Therefore, the concerned authorities are
Patna High Court L.P.A No.1043 of 2014 dt.27-03-2025
hereby directed to prepare the pension papers and release the
retiral benefits of deceased-Raj Banshi Manjhi and further
Family Pension shall be calculated from the date of death of
deceased-Raj Banshi Manjhi on 05.03.2004 and till date. The
above exercise shall be completed by the concerned authorities
and proceed to pass order of retiral benefits and Family Pension.
Respondent no.1-Most. Sonamati Devi is entitled to interest on
retiral benefits as well as arrears of Family Pension in the light
of the Hon'ble Supreme Court decision in the case of Vijay L.
Mehrotra Versus State of U.P. and Others reported in (2001)
9 Supreme Court Cases 687. It is a short order of the Hon'ble
Supreme Court and it reads as under:
"1. Special leave granted, limited to the question of
granting of interest.
2. The appellant retired from service on 31-8-
1997. From the response filed by the respondent,
it is clear that most of the payments of the retiral
benefits to her were made long after she retired
on 31-8-1997. The details of the payments so
made are as under:
Sl. No. Particulars Amount paid Date
(i) GPF 90% Rs 1,80,899.00 27-11-1997
(ii) GPF 10% Rs 20,751.00 25-4-1998
(iii) GIS Rs 13,379.00 27-2-1998
(iv) Encashment of Rs 41,358.00 27-9-1998
leave
Patna High Court L.P.A No.1043 of 2014 dt.27-03-2025
(v) Arrears of pay Rs 15,495.00 27-9-1998
(vi) Gratuity Rs 1,09,753.00 5-12-1998
(vii) Commuted Rs 20,484.00 5-12-1998
pension
(viii) Detained amount Rs 45,000.00 5-11-1999
3. In case of an employee retiring after having
rendered service, it is expected that all the
payment of the retiral benefits should be paid on
the date of retirement or soon thereafter if for
some unforeseen circumstances the payments
could not be made on the date of retirement.
4. In this case, there is absolutely no reason or
justification for not making the payments for
months together. We, therefore, direct the
respondent to pay to the appellant within 12
weeks from today simple interest at the rate of 18
percent with effect from the date of her
retirement, i.e., 31-8-1997 till the date of
payments.
5. The appeal is allowed to the above extent."
4. The above exercise shall be completed by the
concerned official respondent within a period of two months
from the date of receipt of this order, failing which respondent
no.1-Most. Sonamati Devi is entitled to litigation cost and it is
quantified at Rs.25000/-(Rupees Twenty Five Thousand). Cost
shall be paid within a period of four months.
5. With the above observation, the present L.P.A.
No.1043 of 2014 stands disposed of while modifying the order
Patna High Court L.P.A No.1043 of 2014 dt.27-03-2025
of the learned Single Judge dated 03.03.2014 passed in C.W.J.C.
No.9498 of 2013 to the above extent.
(P. B. Bajanthri, J)
( Alok Kumar Sinha, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.04.2025.
Transmission Date NA
