Kalawati Devi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.985 of 2019 ====================================================== Kalawati Devi, Wife of Late Krishna Singh, Resident of Village-Tilakar, Police Station-Ekma, District-Saran, at Present Kateya, Post Kishari Mathiya, Via-Parsagarh, P.S.-Ekma, District-Chapra at Saran. ... ... Petitioner/s

Versus

1.

The Union oF India through Secretary of Ministry of Home Affair, New Delhi.

2.

The Accountant General, Department of Expenditure, New Delhi, Pin110066. 3.

The Branch Manager, State Bank of India, Ekma Branch, District-Saran at Chhapra.

4.

The Treasury Officer, District-Saran.

5.

The State of Bihar through Principal Secretary, Finance Department, Govt. of Bihar, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Prasad Singh, Advocate.

For the State :

Mr. Rohitabh Das, AC to AAG-10.

For Union of India :

Mrs. Punam Kumari Singh, C.G.C.

For State Bank of India :

Mr. Anjani Kumar Mishra, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-01-2021 Heard the parties.

The petitioner has sought for issuance of mandamus against the respondents directing them to make payment of arrears of pension with bank interest of Late Krishna Singh, husband of the petitioner for the period from November 2010 to October 2013 which was not paid.

The respondents in their counter affidavit asserted that the pension was not paid for the reason that life certificate was not submitted by Late Krishna Singh.

Patna High Court CWJC No.985 of 2019(5) dt.07-01-2021 2/2 Annexure-2 would reveal that Krishna Singh died on 31.08.2013. There is no material to suggest that the life certificate was submitted to the Bank ever.

The Bank-respondent in its counter affidavit stated that since life certificate was not submitted, pension could not be released for the aforesaid period.

Learned counsel for the State Bank of India submits that till November 2010 pension has already been paid and due amount is from December 2010 to August 2013 and family pension of September and October 2013.

In the aforesaid factual circumstance, let the petitioner file representation before the authority concerned who is competent to sanction arrears of pension as well as to the Bank concerned informing about life certificate of Late Krishna Singh till before his death on 31.08.2013.

The authority concerned shall take appropriate decision within two months of receipt of the representation of the petitioner.

With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) mantreshwar/- U T