Shanti Devi vs The State Of Bihar &Amp; Ors on 13 January, 2011

               IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CWJC No.416 of 2011
          SHANTI DEVI, WIFE OF LATE AWADHESH KUMAR SINHA, RESIDENT
          OF VILLAGE RAFIPUR, P.S. HUSSAINGANJ, DISTRICT SIWAN.
                   ...                    ...   PETITIONER.
                                 Versus
     1.   THE STATE OF BIHAR
     2.   THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT,
          GOVERNMENT OF BIHAR, PATNA.
     3.   THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT
          OF BIHAR, PATNA.
     4.   THE ACCOUNTANT GENERAL, BIHAR, PATNA.
     5.   THE DISTRICT MAGISTRATE, SIWAN.
     6.   THE DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN.
     7.   THE HEAD MASTER, RAJKIYA MADHYA VIDHAYALAYA, SAHULI,
          DISTRICT SIWAN.
                   ...                     ...   RESPONDENTS.
                              -----------

2. 13.1.2011. Heard Shri Ranjan Kumar Srivastava,

learned counsel for the petitioner, Shri Ram

Narayan, learned A.C. to S.C.23 as well as

learned counsel appearing on behalf of the

Accountant General.

The petitioner’s husband, who was

posted as Assistant Teacher in Rajkiya

Madhya Vidhayalaya, Sahuli Hussainganj,

District Siwan, died on 17.5.1972 in

harness. The petitioner was allowed death-

cum-retirement gratuity in the year 2010

vide Annexure-4 to the petition. It was

submitted by learned counsel for the

petitioner that in view of Annexure-5 to the

petition, the petitioner was entitled to get

liberalized pension. It has been argued that
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despite filing representation, the

respondent authority has not taken note on

the representation of the petitioner nor any

steps have been taken for taking decision

for payment of liberalized pension under the

scheme of the Government to the petitioner.

With the consent of parties, the

writ petition is being disposed of with

liberty to the petitioner to file a fresh

representation before the respondent no.6

i.e. District Superintendent of Education,

Siwan within a period of six weeks from

today. If such representation is filed, the

respondent no.6 is directed to examine the

same and take all steps for redressing the

grievances of the petitioner within a period

of three months from the date of filing of

such representation. In case of refusal, the

respondent no.6 is required to pass a

speaking order within aforesaid time. It is

clarified that while considering the

representation, the respondent no.6 will

keep in mind the Government decision, which

has been annexed as Annexure-5 to the

petition

With aforesaid observation and
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direction, the petition stands disposed of.

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