Dr. Shanti Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4238 of 2021 ====================================================== Dr. Shanti Mishra, wife of Late Chandeshwar Chaudhary, resident of Mohalla- Mahatma Gandhi Nagar, Kanti Factory Road, P.S.- Patrakarnagar, Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Science and Technology Department, Government of Bihar, Patna.

2.

The Treasury Officer, Begusarai.

3.

The Branch Manager, State Bank of India, Main Branch, Begusarai. 4.

The Accountant General, Bihar, Birchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Banwari Sharma, Advocate Mr. Shiv Kumar, Advocates Mr. Sahja Nand Sharma, Adv.

For the State :

Mr. Raghwendra Kumar, SC-22 Mr. Vipin Kumar Singh, AC to SC-22 For the AG, Bihar :

Mr. Arun Kumar Arun, Advocate For the SBI :

Mr. Kaushalesh Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-11-2024 Heard the parties.

2. The petitioner, a hapless widow of Late Chandeshwar Chaudhary who died in harness on 25.07.1975, has approached this Court seeking a direction upon the respondents to calculate and fix the family pension of the petitioner along with statutory and penal interest as per the State Government Circular and Orders issued time to time, for which the petitioner is entitled for the same.

3. A counter affidavit has been filed on behalf of the State Bank of India, wherein it is averred that the petitioner had

Patna High Court CWJC No.4238 of 2021(13) dt.13-11-2024 2/3 earlier moved before this Court in C.W.J.C. No. 11815 of 2012, which was disposed off vide order dated 14.01.2015 granting liberty to the petitioner to approach the concerned authorities for redressal of her grievance. Pursuant thereto, the petitioner filed representation before the concerned authorities. It is further contended that all the admissible amounts, including the arrears of family pension to the tune of Rs. 70,761/- have been paid to the petitioner. So far the claim of the petitioner with regard to arrears of dearness allowance is concerned, the statement of accounts has been brought on record vide Annexure-R/1 series to the counter affidavit and a submission has been made that an amount of Rs.

82,801/- has been credited to the petitioner's Pension-cum-Saving Account on 03.08.2012. It is also contended that towards the arrears of revision of pay-scale, for the period from 01.04.2007 to 31.07.2012, the petitioner was also intimated by the Bank for the aforesaid amount vide letter no. RBO/BEGU/No. 1645 dated 29.08.2012.

4. Adverting to the afore-noted facts and the averments made in the counter affidavit, learned counsel for the Bank summarized his submission that, in fact, all the grievances of the petitioner have been redressed and if there is still any grievance subsists, the petitioner may contact with the concerned Branch with the relevant documents so that her

Patna High Court CWJC No.4238 of 2021(13) dt.13-11-2024 3/3 grievance, if any, be redressed.

5. At this juncture, learned counsel for the petitioner contended that the petitioner is a hapless widow aged about 80 years and she is unable to move without the help of any person. On the last occasion, there was a direction of this Court to the respondent-authorities to verify the remaining grievance of the petitioner and ensure payment thereof, but the same has not been done.

6. Considering the materials available on record and the submissions advanced herein, this Court finds that all the substantive admissible dues of the petitioner has already been paid, however, still the petitioner has any grievance, she or her representative may approach before the concerned Bank and get it verified.

7. Needless to observe that if the petitioner would be able to show that there is still any due amount pending with the respondent-Bank, the same must be paid to her within a reasonable period of time.

8. The writ petition stands disposed off with the liberty aforesaid.

(Harish Kumar, J) rohit/- U