Patna High Court
Abha Sahai vs The State Of Bihar on 23 November, 2022
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6407 of 2019
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Abha Sahai W/o Vijay Kumar Srivastava Post-Assistant(Retired) District
Rural Development Agency, Samastipur, At Present Vijay Kumar Srivastava,
Manorama Lane, Azad Chowk Dharampur, Samastipur, P.S. and District-
Samastipur ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Rural Development
Department,Govt. of Bihar, Patna.
2. The Principal secretary, Rural Development Department, Govt. of Bihar,
Patna
3. The Secretary, General Administration Govt. of Bihar, Patna
4. The Commissioner, Darbhanga Division, Darbhanga.
5. The District Magistrate-Cum- Collector, Samastipur
6. The Deputy Development Commissioner, Samastipur-Cum-Chief Executive
Officer, District Rural Development Agency, Samastipur.
7. The Director, Account Administration and Self Employment, District Rural
Development Agency, Samastipur
8. The Senior Accounts Officer, District-Rural Development Agency,
Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mrs. Kumari Chandna, Advocate
Mr. Amarendra Kumar Singh, Advocate
For the Respondent/s : Ms. Roona, (AC to GP 7)
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 23-11-2022 Heard Mrs. Kumari Chandna, learned counsel appearing on behalf of the petitioner and Ms. Roona, learned AC to GP 7.
The present writ application has been filed seeking a direction upon the respondent to ensure payment of all the retiral benefits/outstanding dues of the petitioner, including the gratuity, Earned leave, GPF, revised pay scale etc. It is submitted that the petitioner after attaining the age of her superannuation, retired from service on 31.01.2017, however, on account of non payment Patna High Court CWJC No.6407 of 2019 dt.23-11-2022 2/2 of the retiral benefits/outstanding dues, she was compelled to approach before this Court.
Mrs. Chandna submits that during the pendency of the writ application, the retiral/outstanding dues of the petitioner have stood paid.
On the other hand, learned counsel for the State by referring to the statements made in the counter affidavit filed on behalf of the respondent no. 5, reiterated the statements and submits that the petitioner has already received her retiral benefits from the department concerned, however, from the record it appears that an amount of Rs. 4,99,506/- under the head of EPF has been wrongly paid to the petitioner in excess to her admissible entitlement, which is required to be recovered.
Be that as it may, the present writ application stands disposed of as no cause of action survive in the present writ petition.
In the aforesaid view of the matter, the present writ application stands disposed of.
(Harish Kumar, J) shivank/-
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