Sharda Devi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1385 of 2022 ====================================================== Sharda Devi W/o Late Baidya Nath Mishra @ Baijnath Mishra resident of Village- Garhia, Ward No. 09, Balhapatti, P.S.- Bangaon, District- Saharsa. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Department of Home Affairs, Government of India, New Delhi.

2.

The Secretary, Department of Home Affairs, Freedom Fighter and Rehabilitation Division, Government of India, New Delhi. 3.

The Senior Accounts Officer, Pay and Accounts Office (Pension and Misc.), Ministry of Home Affairs, Freedom Fighter and Rehabilitation Division, Government of India, New Delhi.

4.

The State Bank of India through the General Manager, Centralized Pension Processing Cell (CPPC), 4th Floor, Administrative Office, Judges Court Road, Patna- 800001.

5.

The Assistant General Manager, State Bank of India, Centralized Pension Processing Cell (CPPC), 4th Floor, Administrative Office, Judges Court Road, Patna- 800001.

6.

7.

The Branch Manager, State Bank of India, Main Branch, Saharsa. The District Magistrate, Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For S.B.I.

: Mr. Rakesh Kumar Singh, Advocate For the Respondent/s :

Dr. K. N. Singh ( ASG ) Mr. R.K. Sharma, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2022 At the outset, the learned counsel for the petitioner seeks permission to add the District Magistrate, Saharsa as party respondent no. 7 to the present writ petition. Permission so sought is granted.

The needful be done during the course of the day. The present writ petition has been filed seeking the following relief:- "1. That the petitioner above-named craves indulgence of this Hon'ble Court for issuance of appropriate order/orders, direction/directions of writ/writs, preferably in the nature of Mandamus commanding and directing the respondent authority concerned to

Patna High Court CWJC No.1385 of 2022(2) dt.12-12-2022 2/2 make payment of due arrears of family pension due since July, 2013 to January, 2021 which has not been paid to the petitioner who is widow of Late Baidya Nath Mishra, a Freedom Fighter (Swatranta Senani) as the same has illegally been stopped since July, 2013 on account of non-furnishing life certificate, however, after great persuasion made by the petitioner her family pension is being started since February, 2021 vide P.P.O. No. MHAFF2100251, but due arrears of her family pension due since July, 2013 has not been paid till date."

At the outset the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Saharsa for redressal of her aforesaid grievances. Liberty so sought is granted.

It is needless to state that in case appropriate application is filed before the District Magistrate, Saharsa within a period of four weeks from today, he shall pass a reasoned and a speaking order, in accordance with law, thereon within a period of 12 weeks, thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U