A widow sought release of her deceased railway employee husband's retiral dues with interest. Respondents stated the dues, including GIS, DCRG, leave encashment, commutation pension and provident fund, had already been settled following his exoneration in disciplinary proceedings. The petition did not survive and was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4150 of 2024
======================================================
Shudo Devi Wife of Late Brahmdeo Bharti Resident of Village- Kishanpur, P.S.- Bodh Gaya, District- Gaya.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Singh, Advocate For the Respondent/s : Mr. Amarendra Nath Verma, Sr. Panel Counsel : Mr. Mukesh Kumar, CGC
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 24-10-2024
In the instant petition, petitioner has prayed for the following
relief(s):-
"(i) To issue a writ on the nature of mandamus for commanding the respondent authorities to release that retiral dues of the Husband of the petitioner on favour of the petitioner.
(ii) To direct the respondents authorities to release the retiral dues of the husband of the petitioner in light of order dated 16.03.2011 passed in O.A. No. 186 of 2007 by the central Administrative Tribunal, Patna Bench.
(iii) To direct the respondents to pay the appropriate interest and cost order the outstanding retiral dues of the husband of the petitioner.
Patna High Court CWJC No.4150 of 2024 dt.24-10-2024 2/3
(iv) Any other relief or reliefs for which the petitioner found entitled on the facts and circumstances of the case."
that the grievance of the petitioner is not maintainable in view of later development to the extent that deceased employee who was subjected to disciplinary proceedings he had been exonerated. Thereafter, his retiral benefits have been settled long back. To that effect, communication has been made by the Assistant Divisional (Engineer)/1, EC Railway, Dhanbad, dated 07.05.2024. It reads as under:-
"East Central Railway
No. Court Case/Bramdeo Bharti Dhanbad, Dt. 07.05.2024 Divisional Engineer/Tack E.C. Rly. Dhanbad.
Sub:- (C.W.J.C.) No....../2024 before Hon'ble HC, Patna (Shudo Devi vs. UIO & Ors.)
Ref:(i)GM(p)/ECR/MHX's L no. GM/LAW/HC/PAT/C.W.J.C. no...../2024/Shudo Devi/198 dt. 01.03.2024
(iii) DEN/Track/DHN's no. WG.622/Court Case dt. 21.03.2024
In reference to above, Details payment particulars of Late
Bramdeo Bharti, Ex. Fitter Gr. I under SSE/Works/1/DHN is
as below.
| Sl. No. | Particulars | Amount | Payment Details |
|---|---|---|---|
| 1 | GIS | Rs. 16103/- | CO 7 No.090120dt. 23.06.2005 |
| 2 | DCRG | Rs. 152027/- | CO 7 No. 0900022 dt. |
| 3 | Leave Encashment | Rs. 19581/- | 22.04.2014 |
| 4. | Commutation pension |
Rs. 118994/- | Letter no. DHN/BANK/ECR/03-237115 dt. 31.03.2015 paid by Bank |
| 5 | Provident Fund | Rs. 102780/- | As per letter of ADFM/DHN dt. 06.05.2024 (Letter |
Patna High Court CWJC No.4150 of 2024 dt.24-10-2024 3/3
enclosed)
This is for kind information and necessary action please.
DA/As above.
Asstt. Divl Engineer/1 E.C. Rly, Dhanbad."
petition does not survive for consideration. Accordingly, the present petition stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
Prabhakar/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A
1 issue framed by the court
Whether retiral dues of the petitioner's deceased husband remain payable despite the respondents' claim that they were settled after his exoneration.
Shudo Devi
The Union of India through the Divisional Rail Manager, East Central Railway, Dhanbad
The Divisional Engineer (Tr. and BR), East Central Railway, Dhanbad
The Divisional Engineer, Sadar Head Quarter East Central Railway, Dhanbad
Assistant Engineer, SPL (I), East Central Railway, Dhanbad Cum Enquiry Officer Dhanbad
S.S.E/W/I, Dhanbad
P. B. Bajanthri
S. B. Pd. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
