Munni Devi vs State Of Bihar And Anr

Heard learned counsel for the petitioner, learned counsel fore the State and learned counsel for the Nagar Parishad.

The instant writ petition has been filed for a direction to the respondent no.2 to make payment of all retiral dues payable to the late husband of the

petitioner, namely, Biltu Ram, who retired with effect from 31.03.2009, such as, Gratuity, Provident Fund, Leave Encashment, D.A., Group Insurance

and revised arrear salary on the basis of 5th and 6th Pay Revision.

A counter affidavit has been filed on behalf of the respondent no.2 wherein it is stated that the pension of the husband of the petitioner has been

paid till his death on 20.01.2016 and since 21.01.2016 the petitioner is being paid family pension. The husband of the petitioner has already been paid

total admitted retiral dues being Rs.1,84,409/- under different head such as Gratuity Rs.1,29,088/- Provident Fund amount Rs.19,097/- and Earned

Leave Encashment Rs.35,424/- vide order dated 13.01.2019 issued by the respondent no.2. As far as payment of revised arrear salary/ pension on the

basis of 5th and 6th Pay Revision is concerned, it is stated in the counter affidavit that in terms of the resolution/direction of the State Government

bearing No. 3933 dated 25.07.2018 and letter no. 4061 dated 27.07.2018, steps are being taken for fixation of revised scale and the revised scale will

be paid to the petitioner just after receiving some grant from the State Government in this regard.

In reply, learned counsel for the petitioner submitted that it is true that other arrears of the deceased employee have been cleared by the respondent

but the counter affidavit is totally vague on the point of payment of revised arrear on the basis of 5th and 6th Pay Revision. He contended that the

similar as well as junior to the husband of the petitioner have been paid revised salary on the basis of 5th and 6th Pay Revision. Therefore, the

respondent no.2 has not filed the counter affidavit speaking the truth.

The contention raised by the petitioner is disputed by the learned counsel for the respondent no.2. He submitted that no junior to the petitioner's

husband has been paid the arrears of revised salary on the basis of 5th and 6th Pay Revision.

Considering the nature of dispute between the parties, the writ petition is disposed of with a direction to the petitioner to file a representation before

the respondent no.2 in respect of her remaining grievances within a month.

In case of filing of such representation, the respondent no.2 shall be required to dispose of the same by a speaking and reasoned order within four

weeks from the date of filing of the representation.

The petitioner would be at liberty to challenge the speaking order before this Court, if so advised.