Mostt. Kaushalya Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18855 of 2017 ====================================================== Mostt. Kaushalya Devi Wife of Late Ram Sinhashan Singh, Resident of Village- Sennar, P.O.- Malbar, Police Station- Sheosagar, District- Rohtas Sasara, at present residing at Katoria, Police Station- Katoria, District- Banka. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna.
2.
The Collector, Banka.
3.
The District Panchayati Raj Officer, Banka.
4.
The Block Development Officer, Katoria, Banka. 5.
Treasury Officer, Banka.
6.
Accountant General, Bihar, Veerchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajib Ranjan Jha For the Respondent/s :
Mr.Harish Kumar - Gp-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and the State. The following relief(s) have been sought for in the present writ application:
"For issuance of appropriate writ or writs, direction or directions, commanding the respondents to pay the payment of provisional family pension as well as final
Patna High Court CWJC No.18855 of 2017(2) dt.28-05-2020 2/3 family pension which has already been sanctioned by the respondent No. 6 on 08-112010 but till date neither provisional pension nor final pension after coming into force the current pay revision has been paid to the petitioner, due to non-issuance of No Dues by the Respondent No. 4 and or issuance of appropriate consequential writ to pay penal as well as statutory interest thereon and to have take a stern action against the Respondent No. 4 to make a false entry in the service book of the husband of the petitioner vide letter dated 31-08-2010 that provisional pension amount to Rs. 2050/- is being paid to the petitioner which has never been paid to her".
A counter affidavit has been filed on behalf of the respondent No.3-State. Following statement has been made in paragraph-15 of the counter affidavit:
" That the respondent No. 4 on 11-11-2019 vide letter No. 1156 has issued no dues certificate and has requested the respondent No. 5 to pay the current family pension to the petitioner except arrears of family pension w.e.f. October 2019 and so far arrears of family pension is concerned, the process has already been initiated for payment of arrears of family pension as some liability which is occurred against the late husband of the petitioner during his service tenure as such that is some difficulty which has been caused
Patna High Court CWJC No.18855 of 2017(2) dt.28-05-2020 3/3 in delay payment of arrears of family pension".
From perusal of the statement made in paragraph-15 of the counter affidavit, it appears that part of the grievances of the petitioner has already been redressed.
The respondent-State is directed to redress the remaining grievance of the petitioner, within a period of three months from the date of receipt/production of a copy of this order.
With the aforesaid observation/direction, this writ application stands disposed of.
(Sudhir Singh, J) A.K.V.//- U