Patna High Court Awards Rs. 5 Lakh Compensation To Widow For 15-Yrs Delayed Pension Payment

The Court expressed deep concern over the negligence displayed by State Government officials, particularly the Block Development Officer, the Circle Officer, and the District Magistrate, in addressing the petitioner's situation.

Justice Purnendu Singh stated, “Considering the fact that the petitioner is being paid family pension and other retiral dues has already been paid to the petitioner, this Court can only show its concern over the manner in which the State Government officials particularly the Block Development Officer, the Circle Officer and the District Magistrate have shown callous attitude against the petitioner, who is a widow and old illiterate lady and she was compelled to move from pillar to post for a long period of 15 years without any financial support, which is very condemnable.”

The counsel appearing on behalf of the petitioner informed the Court that the delay of 15 years was made in payment of the retiral dues under different heads including family pension to the petitioner. It was also submitted that the husband of the petitioner had died in harness in the year 2008 while he was posted as a Chawkidar.

Placing reliance on precedents set by the Supreme Court in the cases of State of Kerala Vs. M.Padmanabhan Nair (1985) 1 SCC 429 and D.D. Tewari Vs. Uttar Haryana Bijli (2014) 8 SCC 894, the petitioner's counsel argued that the petitioner was entitled to compensation as well as interest due to the delay in payment of pension and other retiral dues.

The Court directed, “The District Magistrate is directed to compensate the petitioner a sum of Rs.5,00,000/- (five lac) over and above the interest as has been prescribed by the Apex Court in the case of State of Kerala Vs. M.Padmanabhan Nair reported in (1985) 1 SCC 429 and D.D. Tewari Vs. Uttar Haryana Bijli reported in (2014) 8 SCC 894.”

The Court mandated for the above exercise to be carried out by the authority concerned within a period of four weeks from the date of passing of this order.

With the above observation/direction, the Court disposed of the writ petition.

Counsel/s For the Petitioner/s: Mr. Om Prakash Maharaj, Advocate

Counsel/s For the Respondent/s: Mr.Manish Kumar (GP 4) Mr.Manoj Kumar, AC to GP 4

Counsel/s For the AG (Bihar): Mrs.Ritika Rani, Advocate

LL Citation: 2023 LiveLaw (Pat) 130

Case Title: Mostt. Jaymanti Dev vs The State of Bihar and Ors

Case No.: Civil Writ Jurisdiction Case No.6338 of 2023

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