High Court Patna High Court - Orders

Mrs.Nirupama Pandey vs The State Of Bihar & Ors on 7 September, 2011

Patna High Court – Orders
Mrs.Nirupama Pandey vs The State Of Bihar & Ors on 7 September, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.13891 of 2011
         Mrs.Nirupama Pandey, wife of late Shashi Nath Pathak, Retired
         Headmistress, Government Girls' Middle School, Buxar,
         Presently residing at Flat No.305, New Patliputra Colony,
         G.D. Mishra Path, Police Station Patliputra, District Patna.
                  ...                          ...   Petitioner.
                                     Versus
     1. The State Of Bihar through Principal Secretary, Department of
         Human Resources Development, Government of Bihar, Patna.
     2. The Director (Secondary Education), Department of Human
         Resources Development, Government of Bihar, Patna.
     3. The Deputy Director (Education)-cum-School Inspector,
         Government of Bihar, Patna.
     4. The Deputy Inspectoress of School, Buxar.
     5. The Headmistress, Government Girls' Middle School, Buxar.
     6. Accountant General, Bihar, Patna.
                  ...                           ...   Respondents.
                       ----------------------------------

3. 7.9.2011. Heard Shri Sushil Kumar Mallick,

learned counsel for the petitioner, Shri

Dinbandhu Singh, learned G.P.9, who appears

on behalf of respondent nos.1 to 5 and

learned counsel appearing on behalf of

respondent no.6/Accountant General, Bihar,

Patna.

The petitioner, who retired as

Headmistress from D.K. Girls Middle School,

Buxar on 31.5.2010, has prayed for

directing the respondents for clearing her

all retiral dues. It has been stated by

learned counsel for the petitioner that

till date, nothing has been paid to the

petitioner. The petitioner repeatedly

represented before the authority concerned
2

for clearing her retiral dues. In

paragraph-13 of the writ petition,

specifically it has been mentioned that no

departmental proceeding was going on

against her nor any allegation of

corruption or misappropriation of

Government fund was alleged against the

petitioner. Even then the authority

concerned has not cleared her retiral dues.

The writ petition was filed on 23.8.2011.

Learned counsel for the State Shri

Dinbandhu Singh submits that he has already

sent letter to the department.

In view of the fact that petitioner

retired long back on 31.5.2010 and also

statement made on oath that there was no

departmental proceeding or any criminal

proceeding pending against her and till

date, no retiral dues have been paid, the

court is of the opinion that writ petition

can be disposed of at this stage directing

the respondents to take steps to clear all

admitted retiral dues of the petitioner

within a period of eight weeks from the

date of receipt/production of a copy of

this order. The respondent no.6 is required
3

to issue authorization within four weeks

from the date of receipt of sanction order

from the State authority. Respondents/State

are directed to issue sanction order in

respect of full pension, gratuity, leave

encashment etc. within eight weeks from the

date of receipt/production of a copy of

this order.

                     With         above       observation           and

        direction,          the      writ      petition       stands

        disposed of.


N.H./                                     ( Rakesh Kumar,J.)