Usha Sahay @ Usha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9648 of 2021 ====================================================== Usha Sahay @ Usha Kumari Wife of Late Shashi Bhushan Sahay Resident of 101, Shanti Mohan Kunj, Free Press Lane, Rajendra Path, Opposite to Uma Cinema Hall, Pirmuhani, P.S.- Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Director of Fisheries, Fisheries and Veterinary Department, New Secretariat, Patna.

2.

The Director of Fisheries, Fisheries and Veterinary Department, New Secretariat, Patna.

3.

District Magistrate, Patna.

4.

Treasury Officer, Patna Secretariat, Patna.

5.

Accountant General, Bihar, R - Block, Patna.

6.

Chief Manager, Maurya Lok Branch, State Bank of India, Patna. 7.

Branch Manager, Maurya Lok Branch, State Bank of India. 8.

Jaya Sahay D/o Late Shashi Bhushan Sahay, W/o Deepak Kumar Ambastha Resident of 101, Shanti Mohan Kunj, Free Press Lane, Rajendra Path, Opposite to Uma Cinema Hall, Pirmuhani, P.S.- Kadamkuan, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s : Mr. Rishi Raj Sinha, Standing Counsel-19 Mr. Atul Shankar, AC to Standing Counsel-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-08-2022 The learned counsel for the petitioner has fairly submitted that only on account of the stern stand of this Court, in the present case, ultimately the widow petitioner has been granted the family pension as also arrears thereof, however, after a delay of about 20 years, hence it is prayed that some interest be awarded, for the delay caused in making payment of the family pension to the widow petitioner.

Patna High Court CWJC No.9648 of 2021(4) dt.18-08-2022 2/2 Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to approach the Chief Secretary, Government of Bihar, Patna by filing appropriate representation claiming interest on the delayed payment of the amount of family pension, which shall be looked into by the learned Chief Secretary, Government of Bihar, Patna and appropriate interest shall be determined after fixing responsibility qua the concerned officials of the State Government, who are responsible for the delay caused in making payment of the family pension to the widow petitioner and shall award such amount of interest as is permissible under the law, which shall be recovered from the defaulting/erring officials.

It is needless to state that in case the petitioner approaches the learned Chief Secretary, Government of Bihar, Patna by filing appropriate representation within a period of four weeks from today, appropriate action shall be taken thereon within a period of 12 weeks, thereafter.

(Mohit Kumar Shah, J) S.Sb/- U