Ramki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7055 of 2022 ====================================================== Ramki Devi Wife of Late Satya Narayan Singh, Resident of Village - Fatehpur, Police Station- Mahkar, District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through it Secretary Department of Home, Government of Bihar, Patna.

2.

The Superintendent of Police, B.M.P.- 10, Patna. 3.

The Assistant Commandant, B.M.P.- 10, Patna.

4.

The Accountant General (A and E), Bihar, Patna. 5.

The Regional Manager, Punjab National Bank, Gaya. 6.

The Branch Manager, Punjab National Bank, Nai Bazar, Gaya. 7.

The Treasury Officer, Gaya.

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

For the Petitioner/s :

Mr.Sanjay Kumar with Mr. Imran, Advocates For the State :

Mr. Manoj Kumar, AC to GP 4 For the A.G., Bihar :

Ms. Ritika Rani, Adv.

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

2. The petitioner is the widow of late Satya Narayan Singh, who died in harness on 29.04.2019 while working as a Constable. Despite unfortunate demise of the husband of the petitioner, when the petitioner has not been extended the family pension and arrears thereof, she approached this Court by filing the present writ petition.

3. Pursuant to the direction of this Court, though family pension in favour of the petitioner has been started with effect from the month of October, 2024 but with respect to arrears of family pension, the Senior Treasury Officer, Gaya vide its letter contained in Memo No. 642 dated 05.04.2024 requested the Accountant General, Bihar to ensure sanction for

Patna High Court CWJC No.7055 of 2022 dt.27-02-2025 2/2 payment of the same in the light of Rule 239 of the Bihar Treasury Code, 2011. Since then, the matter is kept pending and the petitioner has been deprived from her arrears of family pension.

4. The materials available on record clearly demonstrate that the arrears of family pension has already by been calculated which comes to Rs.9,76,586/- but the same has yet not been paid to the petitioner despite pendency of the writ petition since 2022.

5. In view of the aforesaid facts, the Court is left with no option but to direct the respondent nos. 4, 6 and 7 to ensure payment of outstanding arrears of family pension, preferably within a period of four weeks from today. In case no payment is made, the petitioner shall be entitled to interest at the rate of 8% per annum till the actual payment is made, which shall be recovered from the erring officials.

6. With the aforesaid directions, the writ petition stands allowed.

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