Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3330 of 2023 ====================================================== Raj Kumari Devi Wife of Late Bhola Singh, Resident of Village-Bishunpura, Post Office-Serukahan, Police Station-Mashrakh, District-Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary-Cum-Principal Secretary, education Department, Govt. of Bihar, Patna.

3.

The Director, Secondary Education, Education Department, Govt. of Bihar, Patna.

4.

The Regional Deputy Director of Education, Saran Division, Chapra. 5.

The District Education Officer, Saran at Chapra. 6.

The District Programme Officer (Establishment), Saran at Chapra. 7.

The District Accounts Officer, Saran at Chapra. 8.

The District Treasury Officer, Saran at Chapra. 9.

The Accountant General, Biirchand patel Path, Bihar, Patna. 10.

The Senior Accounts Officer, Office of the Principal Accountant General (A and E), Bihar, Patna.

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

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Adv.

For the State :

Ms. Meera Singh, AC to GP-23 For Accountant General :

Mr. Bindhyachal Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 21-08-2023 Heard Mr. Umesh Kumar Mishra, learned counsel appearing on behalf of the petitioner, Ms. Meera Singh, learned counsel appearing on behalf of the State and Mr. Bindhyachal Rai, learned counsel appearing on behalf of the Accountant General.

Patna High Court CWJC No.3330 of 2023 dt.21-08-2023 2/3

2. Learned counsel appearing on behalf of the petitioner submits that in spite of the retirement of the deceased employee, the petitioner is being paid family pension, but the husband of the petitioner was entitled, who had retired from the post of Assistant Teacher from Government High School, Godhana, Saran on 31.01.1999, fixation of pension on higher pay-scale on account of financial upgradation w.e.f. 01.04.2017.

3. Learned counsel in these circumstances seeks to file detail representation before the District Programme Officer (Establishment), Saran at Chapra.

4. The District Programme Officer (Establishment), Saran at Chapra is directed to take steps to sanction pension on the basis of the revised pay-scale, if at all, is required in accordance with law.

5. Considering the fact that the Accountant General, Bihar has already issued authority in favour of the petitioner and the petitioner is being paid pension as per revised pay-scale w.e.f. 01.04.2017.

6. The Treasury Officer, Saran at Chapra must not further delay in crediting the pension into the pension account of the petitioner, in spite of the fact that the Accountant General Office has already sent the authority letter to him on 11.01.2023.

Patna High Court CWJC No.3330 of 2023 dt.21-08-2023 3/3

7. In case the Treasury Officer, Saran at Chapra delays the matter, then the petitioner is at liberty to take appropriate legal action against him.

8. With the above observation and direction the writ petition stands disposed of.

(Purnendu Singh, J) pravinkumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA