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2023 Supreme(Pat) 418

HARISH KUMAR
Musmat Nila Devi, Widow of Late Pradeep Mistri – Appellant
Versus
State of Bihar through the Principal Secretary, Minor Water Resources Department – Respondent


Advocate Appeared:
For the Petitioner:Mr. Ajay Kumar, Advocate
For the Respondent:Mr. Sita Ram Yadav, GP-16, Mr. Kishore Kumar Thakur, with Mr. Kumar Chandrashekhar, Advocates, Mrs. Ritika Rani, Advocate, Mr. Satyendra Kumar, Advocate

JUDGMENT :

Heard Mr. Ajay Kumar, learned counsel appearing on behalf of the petitioner, Mr. Kishore Kumar Thakur, learned counsel, duly assisted by Mr. Kumar Chandra Shekhar, learned counsel for respondent no.9, Mr. Sita Ram Yadav, learned counsel for the State and also perused the materials available on record meticulously.

2. The petitioner is claiming herself to be wife of deceased Pradeep Mistri, who superannuated on 28.02.2010 while working as Helper in the Minor Irrigation Division, Patna and died on 02.05.2013, filed the present writ application seeking direction to the respondents to grant her full family pension and also assailed the letter dated 28.03.2016, issued by the Treasury Officer, Patna (Collectorate) by which it has been informed that since the name of Sona Devi mentioned as wife of Pradeep Mistri in the pension paper of the deceased employee, the family pension is being paid to her after making deduction of Rs.4,000/-from the payment of Sona Devi. She further prayed, inter alia, for a direction upon the respondents to sanction the due 3rd ACP to her husband w.e.f. 01.01.2009 with all consequential benefits, apart from due GPF for the period the deceased employee h

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