Radhe Shyam Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17120 of 2017 ====================================================== Radhe Shyam Prasad son of Late Garbhu Prasad Yadav, Resident of Ward No. 9, Anand Vihar, P.S.- Madhepura, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Patna.

3.

The Director, Department of Welfare, Bihar, Patna. 4.

The District Welfare Officer, Patna.

5.

The District Treasury Officer, Patna.

6.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Ghosarvey, Advocate For the Respondent/s :

Mr.Prashant Pratap -GP2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-05-2020 Heard learned counsel for the petitioner and the State as well as the Accountant General.

The petitioner has approached this Court for payment of arrears of pension for the period from 1.2.2000 to 31.12.2002.

A counter affidavit has been filed on behalf of the District Welfare Officer, Patna on 10.7.2018, para-6 thereof reads as follows:- "6. That in pursuance thereof, the Accountant General Bihar issued authority letter vide Memo No.-2887 dated 13.03.2018 directing the Treasury Officer, Madhepura

Patna High Court CWJC No.17120 of 2017(3) dt.27-05-2020 2/2 for payment of arrear of pension amounting to Rs. 79120/- to the petitioner."

From the averments made in the counter affidavit, it appears that arrears of pension amounting to Rs. 79,120/- was admitted by the respondents and authority slip was also issued by the office of the Accountant General on 13.3.2018 and the Treasury Officer, Madhepura was directed to make payment. In view of the above, the respondent Nos. 4 and 5 are directed to ensure payment of the aforesaid amount within a fortnight from today, if not already been paid, otherwise the arrears will carry interest at the rate of 9% from the date of filing of the writ application i.e. 20.11.2017 till the date of actual payment.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U