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Patna High CourtCWJC/1590/2023disposed

Asturna v. The Union Of India

2023-04-04Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1590 of 2023 ====================================================== Asturna W/O-Somaru, R/o Village-Noniya Dera, Post Office-Amsari, PSDumrao, Ward-06, Buxar, Bihar-802126. ... ... Petitioner/s

Versus

1.

The Union of India through its Chairperson, Railway Board, Rail Bhavan 1, Raisina Road, New Delhi.

2.

The Department of Pension and Pensioners Welfare, Ministry of Personnel, Public Grievances and Pensions through its Secretary, having address at Janpath Bhawan, B Wing, 8th Floor, New Delhi-110001. 3.

The North East Frontier Railways through Sr. DFM, Lumding Division. 4.

The State bank of India-Centralized Pension Payment Centre (CPPC) through its Chief Manager, having address at 4th Floor, Administrative Building, Judges Court Road, Patna (Bihar)-800001 5.

The State Bank of India Dumrao Branch (Bihar) through its Chief Manager. 6.

The Accountant General (A and G) Bihar Birchand Patel Path, Patna-1. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Respondent/s :

Mr.Kaushalesh Choudhary, Advocate For the Railway :

Mr.Alok Kr. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-04-2023 Heard Mr.Rajeev Ranjan, learned counsel appearing on behalf of the petitioner, Mr. Kaushalesh Choudhary, learned counsel appearing for the respondents and Mr.Alok Kumar Jha, learned counsel appearing for the Railway.

2. Petitioner is an old lady, whose husband was an employee of the Indian Railway, who died on 23.11.1975 and thereafter the petitioner was given benefit of family pension by the A.G., Bihar Ranchi/Patna and the same was transferred to the Treasury, Buxar (Bihar) to be credited in the SBI, Dumrao Branch (Bihar) in her Account No.11747959411. The petitioner

Patna High Court CWJC No.1590 of 2023(3) dt.04-04-2023 2/3 is aggrieved by the sudden stoppage of her pension.

3. The learned counsel appearing on behalf of the petitioner submits that the petitioner is a poor lady and she does not have any document, however, the record shows that she bears Account No.11747959411 in the State Bank of India, Dumrao Branch (Bihar). He further submits that as on date the bank has to verify as to whether the pensioner is alive or not as earlier for the said purpose, verification had been done by the Bank. He also submits that the petitioner is apprehensive of the fact that the Officer of the Bank seems to have not approached the petitioner for verifying her well being and due to the said fact pension of the petitioner has been stopped.

4. Leaned counsel appearing on behalf of the Bank has admitted the fact that the pension of the petitioner has been stopped merely because the Officer of the Bank has not been able to submit her alive certificate in absence of the petitioner being not available on the place of her residence.

5. In such circumstances, Mr.Rajeev Ranjan, learned counsel, who informs this Court that he has taken the case pro bono, is directed to consult the petitioner and make her physical appearance before the Officers of the Bank so that the Bank can take appropriate action for timely payment of the pension of the

Patna High Court CWJC No.1590 of 2023(3) dt.04-04-2023 3/3 petitioner. The Branch Manager, SBI, Dumrao Branch, Bihar is also directed to take all efforts at his own level by making communication with the concerned Branch of the Indian Railway for regularizing the account of the petitioner. Respondent nos. 2 and 3 must not put any technical objection in the process of regularization of the pension of the petitioner.

6. Learned counsel for the petitioner is, therefore, directed to do needful at all the level as he has agreed that he will even bear the cost for such purposes and will inform this Court as to whether the pension of the petitioner has been regularized or not. It is expected from the Manager of the SBI, Dumrao Branch (Bihar)/respondent no.5 to show his concern for petitioner is 80 years old lady, who has been put in severe destitute due to non-payment of her family pension and if the petitioner finds that authorities/respondents are deliberately not taking any immediate action, the petitioner may file contempt against them within a period of three weeks from today.

7. With the aforesaid direction, the present writ petition is disposed of.

(Purnendu Singh, J) chn/- U