Disposed

Lila Devi v. the State of Jharkhand through the Principal Secretary School Education and Literacy Deptt

Jharkhand HC15 Apr 2024WPC/3716/2023

Case brief

AI extract

What is this about?

Widow sought revision of family pension under 6th and 7th Pay Revisions. Respondents stated revised family pension order had been issued after service book was reconstructed. Court disposed of the petition, permitting her to raise any surviving grievance before respondent no. 3 for payment within three months.

What did the court decide?

Liberty to file representation before respondent no. 3; admissible amounts to be paid within three months of communication of order.

Lila 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. 3716 of 2023

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Lila Devi aged about 72 years, wife Late Akhileshwar Prasad, resident of village Kulti, P.O. Kulti, P.S. Asthawan, District Nalanda, Bihar

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… … Petitioner

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Versus

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The State of Jharkhand, through the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Project Building, P.O. District Ranchi, Jharkhand. P.S. Dhurva,

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The Secretary, Department of Finance, Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand.

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The Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, Project Building, P.O. P.S. Dhurwa, District Ranchi, Jharkhand.

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The Regional Deputy Director of Education, North Chhotanagpur Division at Hazaribag, P.O., P.S. Jharkhand. District Hazaribag, Jharkhand

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The District Superintendent of Education, Hazaribag, P.O., P.S. and Dist. Hazaribag, Jharkhand.

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The District Superintendent of Education, Ramgarh, P.O., P.S. & District Ramgarh, Jharkhand.

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The Treasury Officer, Ramgarh, P.O., P.S. District Ramgarh, Jharkhand.

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The Treasury Officer, Hazaribag, P.O., P.S. & District Hazaribag, Jharkhand.

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The Accountant General, Jharkhand, Ranchi, P.O. & P.S.. Doranda, District Ranchi, Jharkhand

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The State of Bihar represented through the Principal Secretary, School Education and Literacy Department, Govt. of Bihar, Ρ.Ο., P.S. & District Patna, Bihar.

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The Director, Primary Education, School Education and Literacy Department, Govt. of Bihar, P.O. P.S. & District Patna, Bihar

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… … Respondents ---

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --For the Petitioner : Mr. Lalit Kumar Singh, Advocate For the Respondents : Mr. Binit Chandra, Advocate ---

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04 /15.04.2024 Learned counsel for the parties are present.

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2. This writ petition has been filed for the following reliefs:“For issuance of a writ/s, order/s, direction/s commanding upon concerned respondent authorities to consider the case/representation of the petitioner, in respect of revision of Family Pension, on the basis

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6th Pay Revision w.e.f. 01.01.2006 and 7th Pay Revision w.e.f. 01.01.2016 because Family Pension of the petitioner has not been revised till date, due to which petitioner is facing financial hardships.

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B. Be pleased to issue further direction to the concerned respondent authorities regarding payment of all admissible consequential benefits which accrue after revision of Family Pension, by virtue of 6th Pay Revision w.e.f. 01.01.2006 as well as 7^th Pay Revision w.e.f. 01.01.2016.”

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3. Learned counsel for the respondent has submitted that counter affidavit has been filed by the District Superintendent of Education, Ramgarh wherein stand has been taken at paragraph 12 that the grievance of the petitioner could not be redressed because of nonavailability of service book and quick action has been taken by directing to open a second copy of the service book vide letter No. 392 dated 15.03.2023 and the District Superintendent of Education Ramgarh vide letter dated 03.10.2023 has sent the service book of the petitioner’s husband along with hard copy of online application for revision of pension/family pension to Auditor General, Jharkhand for issuance of revised pension/family pension authority letter.

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4. The learned counsel for the respondents has submitted that as per his oral instruction the grievance of the petitioner has been redressed and revised family pension order has already been issued.

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5. Upon this, learned counsel for the petitioner has submitted that he is not aware about the up-to-date development but if revised pension order/family pension order has been issued then the petitioner would be entitled for arrears and therefore appropriate order may be passed so that if there is any surviving grievance the petitioner may approach respondent no. 3.

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6. After hearing the learned counsel for the parties and considering the facts and circumstances of this case and the arguments advanced on behalf of the respondents in the light of the counter affidavit filed by the District Superintendent of Education, this court is

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of the considered view that no useful purpose will be served by keeping the present case pending. If the petitioner has any surviving grievance in connection with pension order of her late husband/family pension order with regard to the herself, she may raise the grievance before respondent no. 3 who shall ensure that the admissible amount payable to the petitioner is paid at the earliest but not later than three months from the date of communication of this order along with the representation which may be filed by the petitioner.

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7. This writ petition is accordingly disposed of.

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(Anubha Rawat Choudhary, J.)

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Binit

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Lila Devi v. the State of Jharkhand through the Principal Secretary School Education and Literacy Deptt

Case brief

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Lila Devi v. the State of Jharkhand through the Principal Secretary School Education and Literacy Deptt

Case brief

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