Sanjay Kumar And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 16838 of 2011 ===========================================================
1. Sanjay Kumar Son of Late Dilip Kumar and Late Hemanti Rai Resident of House of Balkishun Yadav C/O Pappu Kumar Yadav Lane, Annie Beseant Road Near Patna College Purandarpur, P.O. Bankipur, P.S.- Pirbahore, DisttPatna.
2. Bindu Devi D/O Late Dilip Kumar and Late Hemendra Rai Resident of House of Balkishun Yadav C/O Pappu Kumar Yadav Lane, Annie Beseant Road Near Patna College Purandarpur, P.O. Bankipur, P.S.- Pirbahore, Distt- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Health Services, Govt. of Bihar, Patna.
3. The D.M. Patna.
4. The Superintendent, Patna Medical College and Hospital (PMCH), Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr.
For the Respondent/s :
Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 03-11-2015 Heard learned counsel for the parties.
Pursuant to order dated 27.10.2015, the respondent no. 4 is present in Court along with his show cause. Without going into the merits of the matter, learned counsel for the State submits that there has been some error committed by the respondents at the relevant point of time by not making payment in accordance with the last nomination made with regard to Group Insurance. In view of the authority accepting such nomination and the concerned employee being within his right to change such nomination at any point of time and after the submission of his nomination form in favour of the petitioners, no other nomination form having been filled up, it was
Patna High Court CWJC No.16838 of 2011 dt.03-11-2015 2/2 incumbent upon the State authorities to make payment in terms of such nomination. For such purpose, he submits that payment would he made within one week as per the nomination in their favour. As unnecessary confusion leading to deay has been created by the respondents with regard to payment of Group Insurance despite there being clear cut nomination in their favour, let such payment be made with 6% interest to the petitioners. With regard to the other payments, since there is a registered will executed in favour of the petitioners, let petitioners get the same probated. The authorities shall make payment as per the order passed in the probate case in accordance with law and till such time no further payments on other heads shall be made to any of the parties.
The writ petition stands disposed off in the aforementioned terms.
(Ahsanuddin Amanullah, J.) P. Kumar U T