Yog Maya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4328 of 2020 ====================================================== Yog Maya Devi W/o late Rajdeo Prasad Vidyarthi resident of VillageRaghunathpur, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Bailey Road, Patna. 2.

The Director, Higher Secondary, Education Department, Bihar, Patna. 3.

The District Magistrate, Madhepura.

4.

The District Education Officer, Madhepura.

5.

The District Programme Officer (DPO), Establishment, Madhepura. 6.

The Treasury Officer, Begusarai.

7.

The Branch Manager, UCO Bank, Raghunathpur Branch, DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Respondent/s :

Mr.Smt. Shilpa Singh ( Ga12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has prayed the following relief:- (i) For issuance of any appropriate writ or writs, rule or direction especially in the nature of mandamus directing the respondent authority to pay the differences of pay due since 01.04.2007 to till the date, revised family pension as well as other admissible dues for which the petitioner is entitled thereto. (ii) For issuance of any appropriate writ or writs, rule or direction as this Court may found fit and proper to the facts

Patna High Court CWJC No.4328 of 2020(2) dt.24-06-2020 2/3 and circumstances of the case as well as for which the petitioner may be found entitled thereto.

The husband of the petitioner died on 19.1.2008. Learned counsel for the petitioner submits that the petitioner is entitled to revision of pension in the light of Resolution of the Finance Department issued on 23.09.2009. Learned counsel submits that petitioner has approached the appropriate authority for revision of family pension in terms of resolution of Fiance Department for getting the benefit of seventh pay commission.

Considering the fact that petitioner is widow of the employee who died on 19.1.2008 after superannuation and the petitioner is aged 75 years, the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Madhepura to take appropriate action in furtherance of revision of family pension of the petitioner and after completing all the formalities at his level, refer the matter for approproprate decision/issuance of authorization slip to the office of the Accountant General.

The Accountant General shall take necessary steps in this regard within a maximum period of four months from the date of receipt/production of a copy of this order, failing which

Patna High Court CWJC No.4328 of 2020(2) dt.24-06-2020 3/3 the petitioner shall be entitled to payment of interest @ 9% from the date of filing of the writ application till the date of actual payment.

(Anil Kumar Upadhyay, J) Ravi/- U