JHARKHAND HIGH COURT ISSUES ORDER ON BIGNI DEVI V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Aug. 13 -- Jharkhand High Court issued the following order on July 14:

1. The instant writ application has been preferred by the petitioner for the following reliefs:

"(a) For issuance of a Writ of or in the nature of mandamus or for any other appropriate writ, order or direction to Respondent no. 2 to provide full family pension to the petitioner with arrears accrued thereof from the date of death of her husband named Jitan Sao i.e. from 03.5.2010 till the date of starting of the payment of family pension.

(b) Direction to the Respondent no. 2 to modify the Office Order no. 106/Ranchi dated 17.10.2024 issued vide Memo no. 555 dated 17.10.2024 to extent of full family pension i.e. 100% to the petitioner from the date of death of her husband i.e. on 03.5.2010 with arrears accrued thereof as there were /are no minor sons and daughters from second wife who is Respondent no. 4 (Respondent no. 3 herein). And/Or

(c) For issuance of such other writ, order or direction as may appear just and proper for doing equitable justice to the petitioner."

2. At the outset, learned counsel for the petitioner submits that the petitioner is a widow and the full family pension with arrears accrued thereof from the date of death of her husband has not been given to her. As such, he submits that the concerned respondent may be directed to look into the grievance of the petitioner and pay the full family pension with arrears to the petitioner.

3. Learned counsel for the respondents submits that since no counter affidavit has been filed, the petitioner may approach the 2nd Respondent for redressal of her grievance.

4. Having regard to the aforesaid facts and circumstances of the case and the submissions made by the rival parties; the instant writ application is hereby disposed of by directing the 2 nd Respondent to treat this writ application as representation and take a decision in the matter with regard to the claim of the petitioner made in the writ application by passing a reasoned and speaking order. The entire exercise shall be completed within a period of ten weeks from the date of receipt/production of copy of this order. The petitioner is also directed to serve a copy of this writ application to the 2 nd Respondent at the earliest for early disposal of her grievance.

5 It goes without saying that admitted dues thereof shall also be paid to the petitioner, who is the widow of erstwhile employee, within a further period of six weeks.

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