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2024 Supreme(Pat) 664

ANSHUMAN
Sunita Devi Wife of late Raj Kishore Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vijay Kumar Singh, Adv., Mr. M.N.H. Khan, SC-1
For the Respondent: Mr. Md. Irshad

JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for quashing the Rail District, Katihar District Order No. 1410 of 2016 passed by the respondent no. 3 contained in Memo No. 626 dated 09.12.2016 by which the petitioner was directed to deposit Rs.4,42,314/- in the office of Rail Police, Katihar which was allegedly excess paid to the deceased husband of the petitioner in the head of salary on account of 6th Pay Revision and further prayer has been made to the respondent authorities to refund the amount of Rs. 4,42,314/- with interest.

3. Learned counsel for the petitioner submits that the husband of the petitioner was in service and his salary was fixed by the respondent authorities themselves. Her husband was no where involved in fixation of his own salary. He further submits that her husband was died in course of discharging his duties on 12.07.2016. After his death, the petitioner has submitted application form for payment of all kind of death-cum-retiral dues of her husband, then only order impugned contained in Memo No. 626 dated 09.12.2016 has been served in which direction was made to the petitio

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