High Court Patna High Court - Orders

Smt.Asha Kanth vs The State Of Bihar &Amp; Ors on 6 July, 2010

Patna High Court – Orders
Smt.Asha Kanth vs The State Of Bihar &Amp; Ors on 6 July, 2010
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No.10279 of 2010
             SMT.ASHA KANTH W/O LATE PROF. (DR) DRISHNA MOHAN KANTH R/O
             MOH SHASTRI NAGAR, ROAD NO.6, P.S.KASIM BAZAR, DISTT-MUNGER
                                Versus
             1. THE STATE OF BIHAR THROUGH THE COMMISSIONER -CUM-
                SECRETARY, DEPARTMENT OF FINANCE   GOVERNMENT OF BIHAR,
                OLD SECRETARIAT, PATNA
             2. THE COMMISSIONER CUM-SECRETARIAT, DEPARTMENT OF HIGHER
                EDUCATIon GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA
             3. THE DIRECTOR , DEPARTMENT OF HIGHER EDUCATION
                GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA
             4. TILKA MANJHI BHAGALPUR UNIVERSITY BHAGALPUR THROUGH ITS
                REGISTRAR
             5. THE VICE CHANCELLOR TILKA MANJHI BHAGALPUR UNIVERSITY
             6. THE REGISTRAR   TILKA MANJHI BHAGALPUR UNIVERSITY,
                BHAGALPUR
             7. THE FINANCE OFFICER, TILKA MANJHI BHAGALPUR UNIVERSITY,
                BHAGALPUR
             8. THE PRINCIPAL   R.D.& D.J.COLLEGE, MUNGER
                             -----------

2 06.07.2010 Heard learned counsels for the petitioner and the

respondent-University.

The grievance of the petitioner is that her husband

died in harness on 23rd April, 1996 while working on the post

of University Professor, but the entire death-cum-retiral

benefits have not been settled till date.

It is submitted that the petitioner is receiving the

family pension from the year 2003 in unrevised scale, and as

such, she is entitled to the arrears of family pension with

effect from the date of death of her husband on the correct

scale of pay admissible to her husband at the time of his

death.

Mr. Anil Singh, learned counsel appearing for the

respondent-University submits that the claims of the

petitioner shall be considered without delay as per law.

In the above circumstances, learned counsel for the

petitioner submits that for expeditious disposal of the

pending claims as highlighted in this writ application,
petitioner proposes to file a representation before the

respondent no.6.

In such view of the matter, in case such

representation stating details of unpaid claims is filed by the

petitioner within a period of six weeks from today along with

the certified copy of the present order as also the copy of the

relevant documents, if any, in support of the claim, the

grievances of the petitioner raised in the representation shall

be considered in accordance with law expeditiously preferably

within a period of four months on receipt of such

representation so that the grievances of the petitioner could

be settled without delay and upon consideration the admitted

dues found payable could also be paid to the petitioner along

with interest permissible under the rules.

The writ application stands disposed of with the

above observations/directions.

Manish/-                                       (Shailesh Kumar Sinha,J.)