Disposed

Sumitra Devi v. The State Of Bihar and Ors.

Patna HC12 Oct 2018CWJC/9592/2018

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions seeking pension/family pension. The court held that relief could not be considered as the employees had superannuated prior to the period of claim and noted that other admissible dues had already been paid.

What did the court decide?

Liberty granted to petitioners to approach the appropriate forum for their pension claims; writ petitions otherwise disposed of.

Sumitra Devi Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.9592 of 2018

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=========================================================== Sumitra Devi Wife of Banarsi Mallik @ Banarsi Dom Resident of Maharajganj, Ward No. 13, Police Station- Madhubani, District- Madhubani.

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.... .... Petitioner/s

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Versus

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The State of Bihar, through the Principal Secretary, Urban Development and Housing Department, Bihar, Patna.

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The Executive Officer, Nagar Parishad, Madhubani.

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.... .... Respondent/s

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with

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===========================================================

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Civil Writ Jurisdiction Case No. 9821 of 2018 ===========================================================

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Meraz Bano, W/o Late Md. Jakir Hussain, R/o Ward No. 7, Momino Tola, P.S.Madhubani, District- Madhubani.

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.... .... Petitioner/s

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Versus

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The State of Bihar through its Principal Secretary Urban Development & Housing Department, Govt. of Bihar, Patna.

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The Executive Officer, Nagar Parishad, Madhubani.

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.... .... Respondent/s

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=========================================================== Appearance : (In CWJC No.9592 of 2018) For the Petitioner/s : Mr. For the Respondent/s : Mr. (In CWJC No.9821 of 2018) For the Petitioner/s : Mr. For the Respondent/s : Mr. ===========================================================

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Patna High Court CWJC No.9592 of 2018 dt.12-10-2018

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2/3

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 12-10-2018

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Heard learned counsel for the petitioners; State and Nagar Parishad, Madhubani. Respondent no. 2 is also present.

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Pursuant to order dated 11.10.2018, second supplementary counter affidavit has been filed on behalf of Nagar Parishad, Madhubani. In the same, the stand taken is that the Bihar Municipal Officers and Servants Pension Rules, 1987, though provides for pension but the same had to be opted specifically by an employee within 90 days from the date of framing of the said Rules by the State Government in writing, failing which it would be deemed that the employee would be retained in the existing Contributory Provident Fund Scheme.

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In the present case, the employee having superannuated prior to 2006 and preferring not to agitate for payment of pension/family pension and then only in 2018, in the present writ petitions asking for the same, the Court finds that such relief cannot be considered. With regard to the other admissible dues, it is an admitted position that all have been paid.

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In view thereof, the writ petitions stand disposed off with liberty to the petitioners to take steps, in accordance with law, before the appropriate forum, with regard to their claim of pension/

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Patna High Court CWJC No.9592 of 2018 dt.12-10-2018

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3/3

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family pension.

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Personal appearance of the respondent no. 2 stands

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dispensed with.

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(Ahsanuddin Amanullah, J)

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P. Kumar

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AFR/NAFR U

Sumitra Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

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Sumitra Devi v. The State Of Bihar and Ors.

Case brief

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