IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14140 of 2006
MOSMAT CHATHIA DEVI W/o Late Gyanchandra
Ram, resident of Mohalla- Yarpur, P.O.-Mithapur,
P.S.-Gardanibagh, District- Patna
....... ........ Petitioner
Versus
1.THE STATE OF BIHAR through Commissioner-cum-
Secretary, Deptt. of Finance, Old Secretariat, Govt. of
Bihar, Patna
2.The Commissioner-cum-Chief Executive Officer,
Patna Municipal Corporation, Budha Marg, Patna
........ .......Respondents
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2. 29.4.2011. The petitioner’s husband died on 13.10.2006 while
working on the post of Safai Mazdoor under the Executive Officer,
Nutan Rajdhani Anchal, Patna Municipal Corporation.
Learned counsel for the petitioner submits that even
though the husband of the petitioner died in harness long back on
13.10.2006 but till date no death-cum-retiral dues has been paid nor
any counter affidavit has been filed on behalf of respondent-Patna
Municipal Corporation.
Learned counsel for the petitioner further submits
that the petitioner has filed representation before respondent no.2
but neither any decision has been taken on his representation nor any
dues has been cleared.
In the facts and circumstances of the case, the writ
petition is disposed of granting liberty to the petitioner to file a fresh
representation before respondent no.2/The Commissioner-cum-
Chief Executive Officer, Patna Municipal Corporation, Budha Marg,
Patna, within a period of six weeks from today. If such a
representation is filed the respondent no.2 is directed to examine the
2
same and pass appropriate order in accordance with law within a
period of two months from the date of filing of such representation.
The respondent no.2 is further directed to clear all the death-cum-
retiral dues of the petitioner within the aforesaid period. It is made
clear that the petitioner shall also be entitled to get admissible
statutory interest. Even, in case of refusal, the respondent no.2 is
directed to pass a speaking order within the aforesaid period.
With above observation and direction, the writ
petition stands disposed of.
Md.S. ( Rakesh Kumar, J.)