Amar Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3703 of 2024 ====================================================== Amar Kumar Mishra Son of Late Babu Lal Mishra Resident of Hasanganj Road Mirjanhat, Police Station- Mojahidpur, District- Bhagalpur- 812005. ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar.

2.

The Chief Election Officer, Bihar, Patna.

3.

The Assistant Chief Electoral Officer, Bihar, Patna. 4.

The Treasury Officer, Bhagalpur.

5.

The Principal Accountant General (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Manoj Kumar, Adv.

For the State :

Mr. Madanjeet Kumar, GP 20 For the ECI :

Mr. Siddhartha Prasad, Adv.

For the AG, Bihar :

Mrs. Nivedita Nirvikar, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 27-02-2025 Heard the parties.

2. The father of the petitioner superannuated from post of Section Officer on 31.03.1997 from the office of Chief Electoral Officer, Bihar, Patna and later on died on 13.10.2018. However, despite lapse of over two decades when he has not been accorded his rightful dues of arrears of pension, he moved before all the concerned authorities but to no avail and now the son of the petitioner is pursuing the claim of his father and seeking a direction upon the respondents to issue authorization letter and to ensure payment of arrears of pension/family pension in the revised scale of the deceased father and mother.

Patna High Court CWJC No.3703 of 2024 dt.27-02-2025 2/3

3. Learned Advocate for the Accountant General, Bihar, Patna has apprised this Court that the authority letter in favour of the petitioner has already been issued way back on 13.12.2024, copy of which has also been sent to the concerned Treasury Officer, Bhagalpur.

4. Learned Advocate for the State submits at the Bar that since the authority letter has already been issued and sent to the Treasury Officer, necessary payment shall be made in accordance with law.

5. Learned Advocate for the petitioner informs this Court that till date no payment has been made.

6. Considering the materials available on record and the submissions advanced on behalf of the learned Advocates for the respective parties, this Court deems it appropriate to dispose of the writ petition with a direction to the Treasury Officer, Bhagalpur to ensure payment of all the admissible amount, for which the authority letter in respect of life time arrears of pension and family pension has already been issued on 13.12.2024, preferably within a period of four weeks from the date of receipt/production of a copy of this order.

7. Suffice it to observe that in case of any delay, the petitioner shall be entitled to interest @ 6% per annum over the

Patna High Court CWJC No.3703 of 2024 dt.27-02-2025 3/3 delayed amount, which shall be recovered from the erring officials

8. The writ petition stands disposed of with the aforesaid directions.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 28.02.2025 Transmission Date