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2025 DAILYLAW 20347 (JHR)

BANDANA CHOUDHARY @ BANDHANA CHOUDHOURY v. STATE OF JHARKHAND

WPC/3889/2025 · 2025-08-18

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:24056 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3889 of 2025 ------ Bandana Choudhary @ Bandhana Choudhoury, C/o Dr. Haripada Choudhary, R/o 23, Jail Road (East), P.O. & P.S. Lalpur, District Ranchi. … … Petitioner Versus 1. The State of Jharkhand. 2. Secretary, Department of Health, Medical Education & Family Welfare, Government of Jharkhand, having office at Nepal House, P.O. & P.S. Doranda, District Ranchi. 3. Director, Department of Health, Medical Education & Family Welfare, Government of Jharkhand, having office at Nepal House, P.O. & P.S. Doranda, District Ranchi. 4. State of Bihar. 5. Accountant General, State of Bihar, having office at Patna, P.O., P.S. & District Patna (Bihar). … … Respondents ------ CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Sidhartha Roy, Advocate For the Respondent(s): Mr. Diwakar Upadhyay, Advocate ------ 02/ 18.08.2025 Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2. By filing this writ petition, the petitioner claims payment of arrears of family pension of her father. 3. The petitioner claims herself to be unmarried daughter of the deceased employee namely late Dr. Haripada Choudhary. The said Dr. Haripada Choudhary, superannuated as Assistant Civil Surgeon-cum-Deputy C.M.O., Chaibasa, in the year 1983. He ultimately expired. 4. After the death of Dr. Haripada Choudhary, his family pension was being disbursed to his wife till her death i.e. in the month of December, 2012. Thereafter, the petitioner, who is the unmarried daughter, has not been paid the family pension from 2013 2025:JHHC:24056 2 to 2018. It is an admitted case that from 2018 onwards, she is being paid the family pension. 5. Since the petitioner, who is the unmarried daughter, is being paid family pension from 2018 onwards, it is clear that her entitlement cannot be doubted. Once the mother of this petitioner died in the year 2012, subsequently, the family pension should have been paid to this petitioner, who is admittedly unmarried and is in fact getting pension from 2018 onwards. 6. Considering the aforesaid fact, I direct the petitioner to file a detailed representation before respondent No.3 – Director, Department of Health, Medical Education & Family Welfare, Government of Jharkhand, within a period of four weeks from today. 7. If such representation is filed, the concerned respondent will consider the case of the petitioner and will decide the same within a period of six weeks. 8. If the petitioner is found entitled to, the claim made by the petitioner should be extended to her within four weeks thereafter. 9. If any part of the claim / representation is rejected, a reasoned order should be communicated to the petitioner. 10. With the aforesaid directions, this writ petition stands disposed of. (ANANDA SEN, J.) Prashant. Cp-2