Dismissed

Kaushalya Devi v. The Gaya Municipal Corporation

Patna HC6 Jan 2020CWJC/22773/2019

Case brief

AI extract

What is this about?

The Patna High Court declined to interfere in a writ petition seeking death cum retirement benefits for the petitioner's father, who died 41 years before the petition was filed. The court held that it was not inclined to interfere given the lapse of time. The petition was disposed of with no direction to move authorities for redressal.

What did the court decide?

The writ petition stood disposed off. The petitioner was advised to move before the concerned authorities for redressal.

Kaushalya Devi Vs The Gaya Municipal Corporation — Pension and Retirement Benefits | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22773 of 2019

¶2

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

¶3

Kaushalya Devi, aged about 47 years, female, D/o Yogi Mali @ Dusadh, wife of Nandu Paswan, resident of Ward No.20, Village- Katari, P.O. + P.S.Chandauti, District- Gaya.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The Gaya Municipal Corporation through Town Commissioner, Gaya.

¶7

The Town Commissioner, Gaya Municipal Corporation, Gaya.

¶8

The Finance Officer, Gaya Municipal Corporation, Gaya.

¶9

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandeep Kumar, Advocate Mr. Rohit Raj, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Rabindra Kumar Priyadarshi, Advocate ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

¶11

Date : 06-01-2020

¶12

Heard learned counsel for the petitioner and learned

¶13

counsel for the Gaya Municipal Corporation.

¶14

The petitioner has moved the Court for the

¶15

following reliefs:

¶16

“ i. For issuance of an appropriate writ/s, order/s, Direction/s to the respondents to make payment of death cum retirement benefits to the petitioner of her father who was working as Menial worker/Class-IV employee with the Corporation.

¶17

ii. For issuance of an appropriate writ/s, order/s, Direction/s to furnishing up to date calculation chart to the petitioner under different heads and the amount fallen due of her father, though the respondents have paid only Rs. 2,406 to the petitioner in the month of September 2019 though her father died on 04.01.1979.

¶18

Patna High Court CWJC No.22773 of 2019 dt.06-01-2020 2/2

¶19

iii. For issuance of an appropriate writ/s order/s, direction/s to the respondents to make payment of outstanding dues alongwith penal interest to the petitioner after adjusting the amount which has already been paid to the petitioner after death of her father.

¶20

iv. To pass such other order/orders as your Lordships may deem fit and proper in the facts and circumstances of this case.”

¶21

Without going into the merits, considering the fact that the father of the petitioner died on 04.01.1979 i.e., 41 years back and the petitioner being the daughter having filed writ petition now, the Court is not inclined to interfere in the matter, especially when main beneficiary has passed away 41 years back.

¶22

In view thereof, the writ petition stands disposed off. However, it shall be open to the petitioner to move before the authorities concerned, in accordance with law, for redressal of her grievance.

¶23

(Ahsanuddin Amanullah, J)

¶24

J. Alam/-

¶25

AFR/NAFR U

Kaushalya Devi v. The Gaya Municipal Corporation

Case brief

What is this about?

What did the court decide?

Kaushalya Devi v. The Gaya Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chhedi Rai Vs The State Of Bihar and Ors.

Prashant Kumar Mishra Vs The State Of Bihar and Ors.

Ram Kumar Singh Vs The Union Of India and Ors.

Savitri Devi Vs The State of Bihar

Ajay Kumar Chaudhary Vs The State of Bihar

Vikash Prasad Saw @ Sao Vs The State of Bihar