Pawan Kumar @ Pawan Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Pawan Kumar @ Pawan Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Accountant General (A & E) Bihar to issue the necessary authority letter in accordance with law, preferably within four weeks; State respondents to ensure payment of admissible pension/family pension and arrears to the petitioner; residual grievances to be taken up before the competent authority.

Issue for consideration

Whether the petitioner, husband of Late Khusboo Kumari (an employee who died in harness on 10.10.2014 while working at the Primary Health Center, Bochaha, Muzaffarpur), is entitled to payment of her terminal benefits. +1 more

Court's answer

The writ petition is disposed of with a direction to the Accountant General (A & E) Bihar to issue the necessary authority letter in accordance with law, preferably within a period of four weeks.

Ratio / Principle

The State respondents are under obligation to ensure that the admissible pension/family pension and arrears thereof are paid to the petitioner.

Key takeaways

If the petitioner still has any grievance, he has the remedy to approach the competent authority in accordance with law.obiter¶¶19

Detailed headnote1 paragraphs

PATNA HIGH COURT (Harish Kumar, J), oral judgment dated 02-02-2024, CWJC No.14568 of 2023 (Pawan Kumar @ Pawan Kumar Singh v. State of Bihar & others): petitioner, husband of Late Khusboo Kumari, a Family Planning Worker at the Primary Health Center, Bochaha (Muzaffarpur) who died in harness on 10.10.2014, sought payment of her terminal benefits. A supplementary counter affidavit of respondent no. 4 recorded that, in compliance with this Court's order dated 22.11.2023, all terminal benefits had already been paid to the petitioner, and that the service book had been sent to the Accountant General (A & E) Bihar vide Letter No. 492 dated 21.12.2023 for approval of original pension. The petition was disposed of: the Accountant General (A & E) Bihar was directed to issue the necessary authority letter in accordance with law preferably within four weeks; the State respondents were placed under obligation to ensure payment of admissible pension/family pension and arrears; any residual grievance was to be pursued before the competent authority in accordance with law.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14568 of 2023

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Pawan Kumar @ Pawan Kumar Singh S/o Late Mahendra Singh, Resident of Village - Karnpur South, P.O. - Bochaha, P.S. - Bochaha, District – Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar Principal Secretary Health Department Patna.

The Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur.

The Accountant General, Bihar, Patna.

The In-charge Medical Officer, Primary Health Centre, Bochaha, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prem Prakash Poddar, Advocate For the Respondent/s : Mr. Nagendra Pd. Yadav, SC-23 For the Accountant General : Mr. Ram Yash Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 02-02-2024

Heard the parties.

The petitioner, claiming to be husband of Late Khusboo Kumari, who died in harness on 10.10.2014, while working in the Primary Health Center, Bochaha, Muzaffarpur, has filed the present writ petition for payment of her terminal benefits.

A supplementary counter affidavit has been filed on behalf of the respondent no. 4. It is submitted that in compliance with the order of this Court dated 22.11.2023, all the terminal benefit of the deceased employee, who was working as Family Planning Worker, Primary Health Center, Bochahan, Muzaffarpur has been paid to the husband of the deceased, the particulars of the payment has been duly noted in paragraph no. 5 of the supplementary counter affidavit. It is further submitted

Patna High Court CWJC No.14568 of 2023 dt.02-02-2024 2/2

that the service book of the deceased employee has also been sent to the office of the Accountant General (A & E) Bihar, vide Letter No. 492 dated 21.12.2023, for approval of original pension of the deceased employee.

In view of the averments made in the supplementary counter affidavit, the present writ petition stands disposed of, with a direction to the Accountant General (A & E) Bihar, to issue necessary authority letter, in accordance with law, preferably within a period of four weeks, from today.

The State respondents are also under obligation to ensure that the admissible pension/family pension and arrears thereof, must be paid to the petitioner.

In view thereof, the present writ petition stands disposed of.

Needless to observe that if the petitioner has still any grievance, he has remedy to approach before the competent authority, in accordance with law.

(Harish Kumar, J)

shivank/-

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Uploading Date	05.02.2024
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