Shamima Khatoon @ Sahima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5908 of 2020 ====================================================== Shamima Khatoon @ Sahima Khatoon Wife of Late Motiur Rahman, Resident of Village and P.O. Madhopur, P.S. Chiraiya, District-East Champaran at Motihari.

... ... Petitioner

Versus

1.

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

2.

The District Education Officer, East Champaran at Motihari, District-East Champaran at Motihari 3.

The Senior Treasury Officer, East Champaran at Motihari, District-East Champaran at Motihari 4.

The State Bank of India through the Chief General Manager, State Bank of India, Local Head Office, West Gandhi Maidan, Patna. 5.

The General Manager, State Bank of India, Centralized Pension Processing Centre, Judges Court Road, Anta Ghat, Patna.

6.

The Branch Manager, State Bank of India, Chiraiya Branch, District-East Champaran at Motihari 7.

The Accountant General, Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Pankaj Kumar Singh, Advocate For the State :

Mr. Subash Chandra Mishra (SC16) For the S.B.I :

Mr. K.K. Sinha, Advocate For Accountant General :

Mr. Ram Yash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 26-06-2020 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State, learned counsel for the Accountant General and learned counsel of the State of Bank of India.

The instant writ petition has been filed for the following reliefs:-

Patna High Court CWJC No.5908 of 2020 dt.26-06-2020 2/3 "(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Bank to revise and pay the family pension of the petitioner in view of the revision made by the office of the Accountant General, Bihar, Patna vide 10/PEN 1212171073775/98442P1 dated 20.12.2017 as well as the memo pension-10-Sa. Dated 1577 dated 24.01.2018 issued by the office of the Accountant General Bihar, Patna to the Respondent No. 3. (II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Bank to pay the arrears of differences of family pension with statutory as well as penal interest as also the litigation cost for unnecessary harassment of the petitioner by the Respondent Bank.

(III) For issuance of any other appropriate writ/writs, order/orders, direction/ directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case."

The petitioner, who is 94 years old, raises her grievance that after issuance of revised PPO on 20.12.2017 and issuance of letter by the Treasury Officer, Muzaffcarpur, the petitioner has not been paid revised family pension by the respondent-Bank.

Learned counsel for the Bank submits that payment has been made which is disputed by learned counsel for the petitioner.

Considering the aforesaid, the writ petition is disposed of with a direction to the respondents to ensure payment of

Patna High Court CWJC No.5908 of 2020 dt.26-06-2020 3/3 entire dues against the revised pension in terms of the revised PPO, if not already paid to the petitioner, at the earliest preferably within a period of four months from the date of receipt/production of a copy of this order, failing which the petitioner would be entitled to interest at the rate of 9% per annum from the date of filing of the writ petition i.e. 26.05.2020 till the date of actual payment.

With the aforesaid observation and direction, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.06.2020 Transmission Date N.A.