Allowed

Smt.Shakuntala Devi v. the State of Bihar and Ors.

Patna HC22 Oct 2013CWJC/12297/2006

Case brief

AI extract

What is this about?

The court directed respondents to grant differences in monetary benefits, specifically gratuity and family pension, for the period from March 1, 1989, to February 5, 1990, based on the grant of super time scale.

What did the court decide?

Granted difference in monetary benefits for gratuity and family pension for the period 1.3.1989 to 5.2.1990 as per Letter dated 19.4.1990.

Smt.Shakuntala Devi Vs the State of Bihar and… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12297 of 2006

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SMT.SHAKUNTALA DEVI WIFE OF LATE VIDYADHAR OJHA, THE THEN SENIOR MARKETING OFFICER, NALANDA AT BIHARSHARIF AND A RESIDENT OF MARUTI NAGAR, BINDTOLI, ARRAH DISTRICT BHOJPUR .... Petitioner

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Versus 1. THE STATE OF BIHAR THROUGH THE FOOD COMMISSIONER, BIHAR, PATNA 2. THE COLLECTOR, NALANDA, BIHARSHARIF 3. THE DEPUTY COLLECTOR (ESTABLISHMENT), NALANDA, BIHARSHARIF 4. THE ACCOUNTANT GENERAL, BIHAR .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. A.B.Ojha Mr. Srinivas Jha For the State : GP-7. For the AG, Bihar : S.Kumar. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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4 22-10-2013 Heard learned counsel for the petitioner as well as learned counsel appearing for the State.

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Petitioner’s husband Late Vidyadhar Ojha died in harness on 5.2.1990 while working as Senior Marketing Officer, Nalanda, Biharsharif. According to the petitioner, her husband was promoted to the post of Senior Marketing officer with effect from 1.4.1981 in the scale of Rs.2000-3800 (unrevised) and was entitled for promotion to Super Time scale with effect from 27.2.1983 (after 25 years counted from his initial appointment on 27.2.1958).

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Respondents no. 2 and 3 have filed counter affidavit. In paragraph 6 of the Counter affidavit they state that super time scale was granted to the petitioner for the first time vide Letter no. 4026/F dated 4.8.1999 of the Department of Finance with effect from 1.3.1989. A copy of Notification dated 4.8.1990 is contained

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Patna High Court CWJC No.12297 of 2006 (4) dt.22-10-2013

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2/2

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as Annexure A to the counter affidavit.

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It appears that the respondents granted super time scale notionally from 1.3.1989 without any monetary benefit. There is nothing in the notification dated 4.8.1990 to state that the monetary benefit would flow only with effect from 4.8.1990. In absence of any such stipulation in the circular which has allowed super time scale with effect from 1.3.1989, I am of the view that he would be entitled to not only notional promotion but monetary benefits as well. Furthermore, paragraph 6 of the counter affidavit itself would show that the respondents have revised the amount of monetary benefit, namely, gratuity and family pension calculating it notionally with effect from the date of grant of super time scale ie. From 1.3.1989 in accordance with Finance department circular contained in Letter no. 1853/Fin, dated 19.4.1990. In the circumstances, I direct the respondents to grant difference of monetary benefit for the period 1.3.1989 to 5.2.1990 in terms of Letter dated 19.4.1990.

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The writ petition stands disposed of.

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(Samarendra Pratap Singh, J)

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Shashi./-

Smt.Shakuntala Devi v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Smt.Shakuntala Devi v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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