Disposed¶23

Sudha Bhushan v. The T.M. Bhagalpur University, Bhagalpur

Patna HC8 Feb 2024CWJC/1346/2022

Case brief

AI extract

What is this about?

20% additional family pension; enhanced family pension on attaining 80 years; arrears of family pension from 26.05.2020; T.M. Bhagalpur University; superannuation on 31.07.1997; family pension sanctioned 26.05.2020; Nand Kishor Singh v. State of Bihar, CWJC No. 5003 of 2022 (order dated 22.12.2023); CWJC No. 1346 of 2022; Patna High Court; Harish Kumar, J.; direction to consider claim; writ petition disposed of.

What did the court decide?

Direction to respondent no. 2 to consider the petitioner's claim for 20% additional family pension in the light of the judgment/order in CWJC No. 5003 of 2022, preferably within eight weeks, and to ensure the consequential benefits, if found entitled, within a further period of four weeks, in accordance with law. ¶23

Sudha Bhushan Vs The T.M. Bhagalpur University, Bhagalpur — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the petitioner, widow of a superannuated University Professor who has attained 80 years of age, is entitled to 20% additional family pension from 26.05.2020, the date of sanction of her family pension. +1 more

¶16

Court's answer

The writ petition was disposed of with a direction to respondent no. 2 (Vice-Chancellor, T.M. Bhagalpur University) to consider the petitioner's claim for 20% additional family pension in the light of the judgment/order in Nand Kishor Singh (CWJC No. 5003 of 2022), preferably within eight weeks of receipt/production of a copy of the order.

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Ratio / Principle

Respondent no. 2 was further directed to ensure the consequential benefits, if the petitioner is found entitled, within a further period of four weeks, in accordance with law.

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Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J.) disposed of a writ petition filed by Sudha Bhushan, widow of late Prof. (Dr.) Lala Indu Bhushan, a University Professor in the Post Graduate Department of Psychology, T.M. Bhagalpur University, who superannuated on 31.07.1997. The petitioner, whose family pension was sanctioned on 26.05.2020 when she had attained 80 years and more, sought a direction for 20% additional family pension from that date along with calculation and payment of arrears. Noting counsel's submission that the issue stood settled by the Court's earlier decision in Nand Kishor Singh v. The State of Bihar (CWJC No. 5003 of 2022, order dated 22.12.2023), the Court directed respondent no. 2 to consider the petitioner's claim in the light of that judgment preferably within eight weeks and to ensure the consequential benefits, if found entitled, within a further four weeks, in accordance with law.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1346 of 2022

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

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Sudha Bhushan W/o Late Dr. (Prof.) Lala Indu Bhushan, R/o (Permanent)C/o Dr. Himanshu Bhushan, Hanuman Kuti, Das Lane, East Lohanipur, P.S.Kadamkuan, District- Patna, presently residing at C/o Phanibhai L Bhushan, 1/353, Talvani Road, Opp. Bus Stand. Bhairavparu, Lakhtar, Surendra Nagar, Gujrat- 38277.

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... ... Petitioner/s

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Versus

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The T.M. Bhagalpur University, Bhagalpur through its Registrar.

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The Vice- Chancellor, T.M. Bhagalpur University, Bhagalpur.

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The Finance Officer, T.M. Bhagalpur University.

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The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Avanindra Kumar Jha, Advocate For the Respondent/s : Mr. Jai Prabhat Kishore, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

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Date : 08-02-2024

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Heard Mr. Avanindra Kumar Jha, learned counsel

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appearing on behalf of the petitioner and Mr. Jai Prabhat Kishore, learned counsel for the State.

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The petitioner, is claiming herself to be wife of late Prof. (Dr.) Lala Indu Bhushan, who superannuated on 31.07.1997, while working as University Professor in the Post Graduate Department of Psychology, T. M. Bhagalpur University, Bhagalpur, has filed the present writ petition seeking a direction upon the respondent University to grant 20 % additional family pension to the petitioner from 26.05.2020 (the

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Patna High Court CWJC No.1346 of 2022 dt.08-02-2024 2/3

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date of sanction of family pension to the petitioner), on which date, the petitioner had attained 80 years and more. The petitioner also sought a further direction upon the respondent concerned to make the calculation of arrears of family pension of the petitioner from 26.05.2020 to till date, and ensure the payment of the same.

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It is submitted on behalf of the petitioner that the issue with regard to the 20 % of additional family pension to the employees has already been set at rest by this Court, in the case of Nand Kishor Singh Vs. The State of Bihar & Ors. and analogous cases in CWJC No. 5003 of 2022 , disposed of vide order dated 22.12.2023. He thus submits that if the claim of the petitioner would be considered in the light of the aforenoted judgment/order, the grievance of the petitioner would be redressed.

¶20

Considering the submission made at the bar, the present writ petition stands disposed of, with a direction to the respondent no. 2, to consider the claim of the petitioner, for 20% of additional family pension, in the light of the judgment/order, noted hereinabove, preferably within a period of eight weeks, from the date of receipt/production of a copy of this order and ensure the consequential benefits, if found entitled, within a

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Patna High Court CWJC No.1346 of 2022 dt.08-02-2024 3/3

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further period of four weeks, in accordance with law.

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The present writ petition stands disposed of.

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(Harish Kumar, J)

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shivank/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	12.02.2024
Transmission Date	NA

Sudha Bhushan v. The T.M. Bhagalpur University, Bhagalpur

Case brief

What is this about?

What did the court decide?

Sudha Bhushan v. The T.M. Bhagalpur University, Bhagalpur

Case brief

What is this about?

What did the court decide?

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What the court decided

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