Disposed

Anju Devi v. the State of Jharkhand

Jharkhand HC6 Mar 2024WPC/2961/2023

Case brief

AI extract

What is this about?

Writ petition by a mentally disabled daughter seeking family pension of her deceased father, a former Cooperative Inspector. Respondents had forwarded the claim to the Accountant General (A&E), Bihar. Court disposed of the petition directing the Accountant General to redress the grievance within two months and granting legal aid via JHALSA.

What did the court decide?

Directions to Accountant General (A&E), Bihar at Patna to redress the grievance within two months; legal assistance through Jharkhand State Legal Services Authority on approach.

Anju Devi Vs the State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 2961 of 2023

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Anju Devi, Aged about 34 years, W/o BikramjitBhadani, R/o PanchyatKatiya, P.O.Parsabad, P.S. JainagarKatiya and District, Koderma (Jharkhand) … … Petitioner

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Versus

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The State of Jharkhand.

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Registrar, Cooperative Societies, P.O. Dhurwa, P.S. Dhurwa, District Ranchi (Jharkhand)

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Assistant Registrar, Cooperative Societies, P.O. Giridih, P.S. Giridih, District Giridih (Jharkhand).

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District Cooperative Officer, P.O. Giridih, P.S Giridih and District, Giridih

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Civil Surgeon, P.O Koderma, P.S Koderma, District Koderma

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… … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Vikas Pandey, Advocate : Mr. Sanjay Prasad, Advocate For the Resp.-State : Ms. Nirupama, AC to Sr. SC-II

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05 /06.03.2024 Learned counsel for the parties are present.

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2. This writ petition has been filed for the following reliefs:

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“For a direction on the concerned Respondents to forthwith grant family pension to the mentally challenged daughter of one Kishori Lal, Former Cooperative Inspector, who retired in the year 1999 and subsequently died on 31.10.2016 in view of her long mental illness certified by certificate of mental illness dated 11.07.2022 (Annexure-2) issued by Ranchi Institute of Neuro- Psychiatry & Allied Sciences RINPAS and as per Disability Certificate dated 28.09.2022 (Annexure4), according to which Petitioner is having Moderate Mental Disability of Score 9 under Global Disability Score which amounts to 40% Temporary Disability in relation to her mental illness, the validity of the said Disability Certificate being two years from the date of issue which has been issued to the Petitioner pursuant to the direction passed by this Hon'ble Court vide order dated 11.02.2022 (Annexure-1) passed in WPS No 4956 of 2018 and the Respondent No 2 despite Representation dated 12.07.2022 (Annexure-3) has not issued family pension to the Petitioner as the petitioner even after her marriage was fully dependent for her day today needs on her father due to her mental disability and financial hardship of her husband and facing acute hardship after the demise of her father is not in a position to earn her livelihood and make her both ends meet.”

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3. A counter-affidavit has been filed in the present case.

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Paragraphs 7 to 12 of the counter-affidavit are quoted as under:

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“7. That earlier the petitioner has filed writ petition being WPS No. 4956 of 2018 and on 11.2.2022, this Hon'ble Court directed the RINPAS the examine the mental status of the petitioner and accordingly issue certificate to that effect.

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8. That it is stated that the RINPAS has issued mental disability certificate dated 28.9.2022 stating that the petitioner diagnosed as Global Mental Disability Score 9 and she has 40% temporary disability

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in relation to her mental illness as per the guidelines (Guidelines for the purpose of assessing the extent of specified disability in a person included under RPWD Act, 2016.

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9. That it is stated that submitted that the petitioner has submitted her representation along with copy of the aforesaid certificate to the answering department.

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10. That the deceased father of the petitioner retired from his service on 30.9.1999 (Undivided Bihar).

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11. That it is stated and submitted that the answering respondent vide letter no. 190 dated 2.2.2024 forwarded the claim of family pension of the petitioner to the Accountant General ( A & E), Patna Bihar for releasing the same enclosing all relevant documents as Service book of the petitioner's father, Copy of the Medical Certificate issued by the Medical Officer, Koderma, Certificate issued by the RINPAS, Bank Account Number and Pan Card of the petitioner and other documents for fixation of the family pension to the petitioner.

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12. That it is stated and submitted that the answering respondents has done their role and forwarded the aforesaid letter to the Accountant General (A&E), Patna Bihar for payment of family pension to the petitioner.”

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4. Learned counsel for the respondents has submitted that appropriate steps have been taken for the purposes of redressal of the grievance of the petitioner. Now the office of Accountant General, Patna, Bihar has to take steps for the purposes of payment of the family pension to the petitioner. He submits that for all practical purposes, the present case has become infructuous.

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5. To this, the learned counsel for the petitioner submits that considering the mental status of the petitioner, some direction may be issued such that there may not be any further impediment or harassment of the petitioner in obtaining the benefits which the petitioner is otherwise entitled.

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6. After hearing the learned counsel for the parties and going through the counter-affidavit, this Court finds that appropriate steps have been taken and the matter has been referred to the office of Accountant General (A&E), Bihar at Patna. This Court finds that appropriate follow-up order is required to be passed by the Accountant General (A&E), Bihar at Patna and therefore, no purpose will be served by keeping the present case pending.

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7. However, considering the argument of the learned counsel for the petitioner regarding the mental ailment of the petitioner, this Court is of the considered view that the petitioner is entitled for legal aid and as the matter relates to Accountant General (A&E), Bihar at Patna, the Jharkhand State Legal Services Authority is directed to ensure that the petitioner is granted appropriate legal assistance in following-up the

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matter with Accountant General (A&E), Bihar at Patna if the petitioner approaches the Secretary, Jharkhand State Legal Services Authority.

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8. It is further observed that the Accountant General (A&E), Bihar at Patna shall also take special care that the grievance of the petitioner is ultimately redressed within a period of two months from the date of communication of this order.

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9. This writ petition is accordingly disposed of.

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10. Pending interlocutory application, if any, is closed.

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11. Let a copy of this order be communicated to the office of Accountant General (A&E), Bihar at Patna.

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(Anubha Rawat Choudhary, J.)

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Pankaj

Anju Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Anju Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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