Lal Muni Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16890 of 2016 =========================================================== Lal Muni Devi Wife of Bindeshwar Mishra, resident of Village-Bagahi, Ward No.- 1, P.O. Banahi, P.S.-Bihiya, District-Bhojpur .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Patna

2. The Director, Primary Education, Bihar, Patna

3. The Regional Deputy Director of Education, Patna Division

4. The District Education Officer, Bhojpur, Arrah

5. The Accountant General, Bihar, Patna

6. The Treasury Officer, Bhojpur, Arrah .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mrs Madhuri Lata, Advocate For the Respondent/s : Mr. Kameshwar Kumar- GP-17 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 03-02-2017 The writ application has been filed by the petitioner for a direction to the respondents to make family pension with effect from October, 2015.

2. It is submitted by the learned counsel for the petitioner that the husband of the petitioner, namely, Bindeshwar

Patna High Court CWJC No.16890 of 2016 dt.03-02-2017 2/3 Mishra, who was the Headmaster in Upgraded Middle School in Jagdishpur Block under the District of Bhojpur, retired from service in 2003. After retirement, he was getting his pension regularly. He died on 30th September, 2015 and, thereafter, the family pension is not being paid to the petitioner.

3. On the other hand, learned counsel for the State submitted that the petitioner has not furnished requisite pension payment order of her husband and that is the reason her case for payment of family could not be processed and the sanction order could not be passed.

4. Under the facts and circumstances of the case, I direct the petitioner to file an appropriate representation with all requisite documents before the District Programme Officer (Establishment), Bhojpur at Arrah within four weeks from today. In case such a representation is filed, the District Programme Officer (Establishment), Bhojpur at Arrah shall take a decision on the representation of the petitioner within four weeks from the date of its filing and if she is found entitled to receive family pension, he shall sanction the same and forward her case to the Accountant General, Bihar for payment of her family pension within the aforesaid period of four weeks.

Patna High Court CWJC No.16890 of 2016 dt.03-02-2017 3/3

5. With the aforesaid observation and direction, the writ application is disposed of.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE ...

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