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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10349 of 2024

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Usha Devi

... ... Petitioner/s

Versus

The State of Bihar & Ors.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Ms.Rana Neha Kumari

Mr.Arjni Kant Singh

Ms.Ankita Kumari

For the State : Mr.Prashant Pratap, GP@

For the A.G. : Mr.Rajendra Prasad

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

ORAL ORDER

4 05-02-2026 Counsel for the petitioner submits that for

unauthorized absence, the petitioner was proceeded with

departmental enquiry in the year 2013 and that the enquiry

culminated into exoneration from all the charges and ultimately

suspension was revoked and the period which is now being

shown, alleging the original employee said to be absent was

very much available for the authorities to have been

incorporated as one of the charge in the aforesaid enquiry, which

is said to have been initiated during the service period of the

petitioner, but for the reasons unexplained, these alleged period

of absence did not form part of the memo of charge based on

which, the enquiry is said to have been initiated vide Memo No.

67 dated 02.07.2013. It is next submitted that the original

employee has already died on 16.03.2024 and till his deaths, no

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such proceedings or explanation of any kind was sought, now,

the widow-petitioner, who has sought indulgence for the grant

of death-cum-retiral benefits, the State-respondents have come

with such a plea, which is not justified in law, and the State-

respondents may be directed to adjudicate the claim of this

petitioner with regard to arrears of pension/family pension and

other retiral benefits to this widow-petitioner, in accordance

with the Bihar Pension Rules, 1950.

2. Counsel for the petitioner, by referring to the stand

taken in the supplementary counter affidavit submits that an

appropriate request has been made from the Engineer-in-Chief-

cum-Additional Commissioner-cum-Special Secretary, Rural

Works Department, Govt. of Bihar to regularize the services of

deceased-husband of the petitioner, so that further process may

be initiated for making payment of death-cum-post retiral

benefits of the deceased-husband in favour of the petitioner, but

for want of appropriate necessary instruction from the

Additional Commissioner-cum-Special Secretary, Rural Works

Department, the claims have not been settled.

3. The respondents-State is directed to adjudicate the

claim of this petitioner by treating the periods as detailed in

Paras 13, 14, 15 & 16 of the counter affidavit to be the period

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spent on duties, because no such allegations were levelled

against the deceased employee during his service period, when

departmental enquiry for unauthorized absence was initiated and

the deceased employee was also exonerated, while these alleged

periods for the reasons best known to them, did not form part of

the memo of charge. Since, they failed to do so, now they are

stopped from doing so and accordingly in such background,

this Court is left with no option but to direct the Additional

Commissioner-cum-Special Secretary, Rural Works Department,

to issue appropriate orders to the Executive Engineer, Rural

Work Department, Work Division, Govt. of Bihar, to carry out

necessary formalities within a period of four weeks from today,

if there is no other hindrance.

4. Post this case on 02.04.2026.

(Ajit Kumar, J)

abhishekkr/-

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