Patna High Court - Orders
Rita Rani Jha vs The State Of Bihar & Ors on 16 September, 2011
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5072 of 2008
Rita Rani Jha W/O Late Dr. Beni Madhav Brahmachari,
resident of Navratan Colony, Jhari Tola, Mangrauni Road, P.S.
Rajnagar, District- Madhubani --------- Petitioner
Versus
1. The State Of Bihar through the Secretary, Health, Medical
Education and Family Welfare Department, Govt. of Bihar,
Patna
2. The Secretary, Health, Medical Education and Family
Welfare Department, Govt. of Bihar,Patna
3. The Director-in-Chief, Health Services, Health, Medical
Education and Family Welfare Department, Government of
Bihar,Patna
4. The Deputy Secretary, Health, Medical Education and
Family Welfare Department, Government of Bihar,Patna
5. The Civil Surgeon-cum- Chief Medical Officer, West
Champaran at Bettiah
6. The Superintendent, M.J.K. Hospital, Bettiah, West
Champaran
7. The Accountant General, Bihar, Birchand Patel Path, Patna
-------------------- Respondents.
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04 16-09-2011Heard Sri Dhirendra Kumar Jha, learned counsel for the petitioner , Sri Himanshu Kumar, learned A.C. to Govt. Advocate no.5, who appears on behalf of Respondent nos. 1 to 6 and Sri S.M.Ehtesham, learned counsel appearing on behalf of Respondent no.7/ Accountant General, Bihar, Patna.
The present writ petition was filed in the year 2008 with a prayer to direct the Respondents to make payment of post-retiral dues including full pension, family pension, Gratuity, Leave Encashment, Group Insurance, Provident Fund etc. to the petitioner.
In this case, by filing counter affidavit Respondent no.6 has made it clear that all the retiral dues have already been paid to the petitioner. It has further been stated that family pension was 2 sanctioned in the year 2008 and it was sent to the Accountant General, Bihar.
Learned counsel for the petitioner submits that the petitioner has been paid 90 % of the gratuity amount and is now getting only 90 % family pension that too after filing of the present writ petition. On behalf of the Accountant General, it has been submitted that the Accountant General has sent communication to the Department regarding payment of full family pension and payment of remaining 10 % of the gratuity amount.
In view of the fact that most of the grievances of the petitioner have already been redressed and now steps are being taken for issuance of full family pension and payment of remaining 10 % of the gratuity amount, the writ petition can be disposed of at this stage directing the Respondent/ State authority to take all steps, so that full family pension may be fixed and arrear of remaining family pension amount may be paid to the petitioner without any delay. Similary, sanction order must be issued regarding remaining 10 % of the gratuity amount and thereafter Respondent no.7/ Accountant General, Bihar is required to issue authorization without any delay. All such steps must be completed within a period of three months from the date of receipt/production of a copy of this order.
With above observation and direction, the writ petition stands disposed of.
( Rakesh Kumar, J.) NKS/-