Indu Devi @ Indu Devi Baraini, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4272 of 2020 ====================================================== Indu Devi @ Indu Devi Baraini, (Female), aged about 71 years, Wife of Late Suraj Raut @ Suraj Raut Barai, Resident of Ward No. 22, Birgunj Metropolitan City, Maniyari, P.S. Birganj, District-Parsa (Nepal), the corresponding address, C/o Sri Rajesh Kumar Singh, R.S. Enterprises, Super Complex, First Floor, Near Balua Railway Gumti, Motihari, P.S. Motihari Town, District-East Champaran at Motihari.
... ... Petitioner
Versus
1.
The State of Bihar through the Principal Secretary, Minor Water Resources Department, Government of Bihar, Patna.
2.
The Executive Engineer, Saran Canal Division, Ekma, District-Saran at Chapra.
3.
The Treasury Officer, East Champaran at Motihari, District-East Champaran at Motihari.
4.
The State Bank of India through the Chief General Manager, State Bank of India, Local Head Office, West Gandhi Maidan, Patna. 5.
The General Manager, State Bank of India, Centralized Pension Processing Centre, Judges Court Road, Anta Ghat, Patna.
6.
The Branch Manager, State Bank of India, Raxaul Branch, District-East Champaran at Motihari.
7.
The Accountant General, Bihar, Patna.
... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Pankaj Kumar Singh, Advocate For the Respondents :
Mr. Anirban Kundu ( SC 24 ) For State Bank of India :
Mr. Rakesh Kumar Singh, Advocate For Accountant General :
Mr. R. K. Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-09-2020 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State Bank of India and other counsel representing the respondents. Considering the contention, the Court noticed the objection of the State Bank of India and the petitioner was asked to file supplementary affidavit but no such affidavit has been
Patna High Court CWJC No.4272 of 2020(3) dt.01-09-2020 2/3 filed.
Under the aforesaid circumstances, the present writ petition is disposed of with liberty to the petitioner to take appropriate steps in furtherance of the statements made in paragraph 7, 8 and 10 of the counter affidavit filed on behalf of the State Bank of India which are quoted hereinbelow for ready reference:- "7. That in this context it is apposite to bring in to light some facts that the application for starting family pension has been returned to the petitioner for reason that name of the petitioner in CBS (Bank Account) differs with the name mentioned in PPO. The name of the petitioner mentioned in PPO of her husband as Indu Devi (Petitioner where as saving bank account no. 31905248491 is in the name of Indu Devi Baraini. It is submitted that the name of the pensioner must be similar to both in the PPO and his/her pension account.
8. That it is further submitted that from mere perusal of the writ application, it transpires that the name of original pensioner (late husband of the petitioner) namely Suraj Raut differs with the name mentioned in death certificate enclosed as annexure-2 of the writ application. The death certificate shows the name of deceased (late husband of the petitioner) as Suraj Raut Barai where as the PPO (annexure-1 of the writ application) is in the name of Suraj Raut.
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10. That any KYC documents of the petitioner which has been issued by the Govt. of Nepal or by any local authority of Nepal Government must be verified/countersigned by the consulate of India in Nepal for further process of pension."
Patna High Court CWJC No.4272 of 2020(3) dt.01-09-2020 3/3 The petitioner is directed to furnish necessary documents before the respondent-Bank in terms of the statements made in paragraphs 7, 8 and 10 of the counter affidavit and on furnishing such information and documents, the State Bank of India will ensure payment of all dues to the petitioner at the earliest preferably within a period of two months from the date of submission of such information and documents in terms of the statements made in paragraphs 7, 8 and 10 of the counter affidavit.
With the aforesaid, the present writ petition stands disposed of.
(Anil Kumar Upadhyay, J) BT/- U