Daya Shankar Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11299 of 2021 ====================================================== Daya Shankar Singh ... ... Petitioner/s

Versus

The Union of India ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rananjay Kumar, Adv For the Respondent/s :

Mr. Kaushalesh Choudhary, Adv For the Union of India Dr. Punam Kumari Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-11-2022 Heard Mr. Rananjay Kumar, learned counsel for the petitioner as well as Mr. Kaushalesh Choudhary, learned counsel for the State Bank of Indian and Dr. Punam Kumari Singh, learned counsel for the Union of Indian.

The present writ application has been filed seeking direction for payment of arrears of family pension on account of 6th pay revision which was recommended by respondent no. 2 vide letter dated 21.11.2013 and further for a direction to the respondent no. 5 to pay the said amount along with interest @ of 12% per annum till date of full and final payment to the petitioner.

It is submitted that father of the petitioner namely, late Sudama Singh, was employee in South East Central Railway, Bilashpur, who died in an accident leaving behind four sons,

Patna High Court CWJC No.11299 of 2021(2) dt.15-11-2022 2/3 including the petitioner, who filed the application for payment of family pension and other dues.

Without highlighting the unnecessary details, the learned counsel for the petitioner drawn attention of this Court towards Annexure-2 to the writ application issued by the Assistant Division Finance Manager, South East Central Railway, Bilashpur wrote to the Bilashpur State Bank of India, Chainpur, Chapra Bihar whereby, request has been made to ensure the re-authorization and payment of arrears of amount on account of 6th pay commission recommendation, if not paid to the petitioner.

On the other hand, learned counsel for the State Bank of India drawn the attention of this Court towards the letter as contained in Annexure-1 to the writ application addressed to the Branch Manager State Bank of India stating therein that necessary formalities are required to be observed at the time of commencement of family pension i.e date of birth certificate, non employment certificate etc was to be furnished by the petitioner. He submits that since necessary requisite certificates have not been furnished by the petitioner, the payment could not be made .

In view of the submissions made on behalf of the

Patna High Court CWJC No.11299 of 2021(2) dt.15-11-2022 3/3 learned counsel for the State Bank of Indian, this writ application stands disposed of with a direction to the petitioner to appear before the Branch Manager, S.B.I Chainpur, Chapra, Bihar along with required certificates It is made clear that on production of the requisite necessary certificates as mentioned in Annexure-1, the Branch Manager would be under obligation to ensure the payment of admissible arrears of family pension to the petitioner, if not paid, in accordance with law.

It is further observed that the entire exercise must be completed within a period of six weeks from the date of receipt/ production of a copy of this order.

Accordingly, the present writ application stands disposed of with the aforesaid observations. (Harish Kumar, J) N.K/- U