Mostt. Sumitra Devi @ Savitri Devi v. State of Bihar
2020-01-13
CHAKRADHARI SHARAN SINGH
body2020
DigiLaw.ai
CHAKRADHARI SHARAN SINGH, J.:–Petitioner is widow of a retired Panchayat Secretary. This writ application has been filed, substantially, seeking direction to the respondents to pay her arrears of salary, which her husband was entitled to as also to calculate the arrears of salary after grating benefits of Assured Career Progression Scheme, which, though the petitioner’s husband was entitled to while in service, was not extended to him. It is also the petitioner’s case that she is entitled to revision of pension after grant of the benefits of Assured Career Progression. 2. A counter affidavit has been filed on behalf of the State respondents in compliance of the order of this Court dated 07.1.2020. It has been stated in the counter affidavit that the arrears of salary, which the petitioner’s husband was entitled to receive, has been released in favour of the petitioner. It has further been stated that benefits of Assured Career Progression have also been allowed and accordingly arrears, arising out of grant of Assured Career Progression, has also been paid to the petitioner. 3. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner’s family pension is also required to be revised in the light of grant of Assured Career Progression in favour of the petitioner’s late husband. 4. He is right in his submission. Let necessary steps be taken by the respondents to ensure that the petitioner’s family pension is revised accordingly within a period of two months from the date of receipt/production of a copy of this order. It goes without saying that petitioner shall be entitled to arrears of pension/family pension accordingly in the light of grant of Assured Career Progression. All such arrears should also be paid to her within the aforesaid period of two months. 5. Be it noted that the Court by order dated 07.1.2020 had directed learned counsel appearing on behalf of the State of Bihar to seek instructions as to what effective steps the State intends to take to promptly redress the grievance of the employees under the State of Bihar in relation to grant of Assured Career Progression/Modified Assured Career Progression. 6.
Be it noted that the Court by order dated 07.1.2020 had directed learned counsel appearing on behalf of the State of Bihar to seek instructions as to what effective steps the State intends to take to promptly redress the grievance of the employees under the State of Bihar in relation to grant of Assured Career Progression/Modified Assured Career Progression. 6. In response to the said observation of this Court, it has been stated in the counter affidavit filed on behalf of respondents No. 5 and 6 that the District Magistrate, West Champaran, Bettiah, has written letters of all officials under him responsible for finalization of grant of benefits of Assured Career Progression within a time frame. Copy of the said letter dated 07.01.2020 has been brought on record. The letter has referred to Clause 6 of the Assured Career Progression Scheme of the State of Bihar, which reads thus:— ^^6. iz'kklfud ra=k ij vuko';d nokc gVkus ds fy, LØhfuax lfefr ,d le; lhek dk ikyu djsxh rFkk ,d foÙkh; o"kZ esa nks ckj] vfèkekur% tuojh ds izFke lIrkg vkSj tqykbZ ds izFke lIrkg esa mldh cSBd ml Nekgh esa ifjiDo gksus okys ekeyksa ij vfxze fopkj djus ds fy, gksxhA rnuqlkj fdlh foÙkh; o"kZ dh izFke Nekgh (vizSy&flrEcj) ds nkSjku ifjiDo gksusokys ekeyksa ij tuojh ds izFke lIrkg esa gksusokyh LØhfuax lfefr dh cSBd esa fopkj fd;k tk,xkA Bhd blh rjg fdlh foÙkh; o"kZ ds tqykbZ ds izFke esa gksusokyh LØhfuax lfefr dh cSBd esa mUgha ekeyksa ij fopkj fd;k tk,xk tks mlh foÙkh; o"kZ dh nwljh Nekgh (vDVwcj&ekpZ) esa ifjiDo gksxsaA** (Underlining for emphasis) 7. He has accordingly asked the officials to ensure that the mandate of the State Government, as contained in Clause 6 of the Resolution dated 14.07.2020, is strictly followed. 8. The Court has taken notice of numerous litigants approaching this Court for grant of Assured Career Progression because of lackadaisical attitude on the part of the officials responsible for grant of such benefits. It is accordingly directed that all officials in the State of Bihar, shall be required to follow the mandate of Clause 6 of Resolution dated 14.07.2010 as has been quoted above. 9. Let the respondents ensure that a copy of this order is circulated to all concerned officials under the State, for strict compliance of the requirement of Clause 6. 10. This writ application stands disposed of.