Kamli Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13243 of 2015 =========================================================== Kamli Devi, W/o Late Shiv Kant Jha, R/o Vill: - Jaideopatti, P.O. - Jaideopatti, P.S. Ghanshyampur, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar through D.G.P., Bihar, Patna.

2. The Accountant General, Birchand Patel Path, Patna.

3. The Accounts Officer (A&E), Office of the Accountant General, Birchand Patel Path, Patna.

4. The Superintendent of Police, District Intelligence Branch, S.B. Section, South 24 Parganas, Alipur, Howrah.

5. The Treasury Officer, Darbhanga.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Md. Mushtaque Alam, Advocate For the State :

Mr. Md. Nadeem Seraj, G.P. 5 Mr. D. Kumar, A.C. to G.P. 5 For the AG :

Mr. Ravindra Priyadarshi, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 23-05-2017 Heard learned counsel for petitioner, State and the Accountant General, Bihar.

2. Learned counsel for the petitioner is permitted to implead the Treasury Officer, Darbhanga as respondent no. 5. Let necessary correction be made in the cause title during the course of the day.

3. The petitioner being the wife of late Shiva Kant Jha, who was Constable in the State of West Bengal had moved the Court for a prayer that her family pension should be fixed at Rs. 1,395/- along with other emoluments to which she was legally

Patna High Court CWJC No.13243 of 2015 dt.23-05-2017 2/3 entitled.

4. The petitioner's husband though was in the service of West Bengal but after retirement had settled in the District of Darbhanga and had got his pension transferred to the local Treasury Office. After death, the petitioner being the wife of the deceased employee has moved this Court for payment of family pension at the rate indicated above.

5. A counter affidavit has been filed on behalf of the Accountant General, Bihar in which it has been stated that as far as family pension is concerned, it has been authorized at the rate of Rs. 2,925/- till 01.04.2009 and thereafter at the rate of Rs. 1,755/- per month in the name of the petitioner and that letter has been issued to the Treasury Officer, Darbhanga (respondent no. 5) on 19.06.2015 for consolidation of pension.

6. Learned counsel for the State submitted that if such authorization has been issued, the respondent no. 5 shall comply with the same forthwith.

7. In view of the aforesaid, the writ petition stands disposed off with a direction to the respondent no. 5 to comply and act upon the letter issued by the Accountant General, Bihar communicated through Office Letter No. Pen-09-264-65 dated 19.06.2015, within four weeks from the date of production of a copy

Patna High Court CWJC No.13243 of 2015 dt.23-05-2017 3/3 of this order before him.

8. It goes without saying that if in future any revision is made and order to such effect is issued by the Accountant General (A and E), West Bengal, Kolkata, the same shall also be complied with.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U