Disposed

Girija Devi v. the State of Bihar and Ors.

Patna HC8 Jul 2013MJC/1275/2012

Case brief

AI extract

What is this about?

The court heard a petition filed as a contempt proceeding against respondents for alleged non-compliance of an order directing payment of pension and retiral claims. The court held that while some claims were settled, the family pension was also sanctioned and directed immediate payment of arrears and current pension.

What did the court decide?

The authorities shall see to it that arrears as well as current family pension are paid to the petitioner without any further delay.

Girija Devi Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1275 of 2012

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Letters Patent Appeal No. 146 of 2010

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Civil Writ Jurisdiction Case No. 8513 of 2001

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====================================================== Girija Devi W/O Late Onkar Nath Pandey R/O Village-Goldarpatti, Nath Nagar, P.O. & P.S.-Nath Nagar, Distt.-Bhagalpur

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.... .... Petitioner

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Versus

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The State of Bihar

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Mr. Amarjit Sinha, the Principal Secretary-Cum-Secretary, Department Of Health, Government of Bihar, Patna

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Director, Indigenous Medicine (Desi Chikitsa), Department of Health (Health Education), Government of Bihar, Patna (at Present the post is vacant)

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Mr. Chandra Bhushan Singh, Principal, Shri Yatindra Narayan Ashtang Ayurvedic Rajkiye Ayurved Mahavidyalaya, Nath Nagar, P.O. Champanagar, District Bhagalpur

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.... .... Opposite Parties

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====================================================== Appearance :

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For the Petitioner : Mr. Shivendra Narayan Sinha, Advocate For the Opposite Parties : Mr. Avnish Nandan Sinha, G.P. 11

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====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)

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14 08-07-2013 Heard learned counsel for the petitioner and learned

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counsel for the respondents.

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This petition has been filed by the petitioner for initiating a proceeding of contempt against the opposite parties for their alleged non-compliance/violation of order dated 27.07.2010, by which L.P.A. No. 146 of 2010 was allowed to the extent that the respondents were directed to settle the pension and other retiral

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Patna High Court MJC No.1275 of 2012 (14) dt.08-07-2013

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claims of the deceased husband of the appellant on the lines the State had allowed the claim of S.A. Hassan, respondent in the case of State of Bihar vs. S. A. Hassan, reported in 2002 (2) PLJR 295 (S.C.) and pay all the dues to the appellant within a period of four months.

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Show causes have been filed by the opposite parties stating that the said order has been complied and all the pension and other retiral claims of the deceased husband of the petitioner on the lines of the said decision have been paid to her. However, learned counsel for the petitioner submits that the said order has been only partly complied as family pension has not been paid to her.

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Considering the averments made by learned counsel for the parties, it is quite apparent that the said order in question is only with respect to pension and other retiral claims of the deceased husband of the petitioner and the said claims have, admittedly, been fulfilled.

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So far the family pension of the petitioner is concerned, the emolument for family pension at the rate of Rs.3,500.00 per month has also been sanctioned vide PPO No. 201212021544, which is clear from the Family Pension Order dated 11.10.2012 issued by the office of the Accountant General

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Patna High Court MJC No.1275 of 2012 (14) dt.08-07-2013

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(A&E), Bihar. Hence pursuant to this order, if payment is not made to the petitioner, the authorities shall see to it that arrears as well as current pension are paid to the petitioner without any further delay.

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(S.N. Hussain, J)

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MPS/-

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(Ahsanuddin Amanullah, J)

Girija Devi v. the State of Bihar and Ors.

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Girija Devi v. the State of Bihar and Ors.

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