Patna High CourtCWJC/1562/2016disposed

Buchiya Devi @ Budhiya Devi v. The State Of Bihar And ORS

2016-09-17Mr. Justice Samarendra Pratap Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1562 of 2016 ====================================================== Buchiya Devi @ Budhiya Devi, wife of Late Suresh Paswan, resident of Village & Post Arajpur, P.S. Chousa, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

2. The District Magistrate, Purnea.

3. The Deputy Collector (Establishment), Purnea.

4. The Chief Manager, State Bank of India, Main Branch, Purnea.

5. The Treasury Officer, Purnea.

6. The Accountant General of Bihar, Patna.

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate For the State : Mr. Gyan Shankar AC to GP-2 For the SBI : Mr. Satya Prakash Tripathy, Advocate Mr. Satya Vrat, Advocate For the A.G.

: Mr. Prabhat Ranjan, Advocate Mr. Chandan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-09-2016 Heard counsel for the petitioner as well as learned counsel appearing for the respondents.

The petitioner is the wife of late Suresh Paswan, who retired in the year 2009, from the post of Jan Sevak in the office District Programme Officer, Banmankhi, under the Executive Engineer, Purnea. After some time, Suresh Paswan passed away on 15.07.2011, leaving behind the present petitioner and his two sons Pradeep Kumar and Rakesh, aged about 43 years and 29

Patna High Court CWJC No.1562 of 2016 (2) dt.17-09-2016 2/3 years respectively. In this writ application, the petitioner claims for payment of family pension.

It appears that the family pension of the petitioner could not be started as the original PPO Paper has been lost. In view of the above, the Treasury Officer, Purnea, vide his letter, dated 14.05.2013, addressed to the Chief Manager, State Bank of India, Main Branch, Purnea, requested him to forward another copy of the Pension Paper of late Suresh Paswan, bearing PPO No. 400883, to start the family pension of the petitioner. Mr. Satya Prakash Tripathy, learned counsel appearing for the Bank, submits that the husband of the petitioner was drawing his pension from State Bank of India, ADB Branch, Purnea, bearing Code No. 1846 and not from the State Bank of India, Main Branch, Purnea and as such, the Treasury Officer ought to have addressed his letter to the concerned ADB Branch of State Bank of India.

Without going into technicality of the matter and taking into consideration that the widow has not received her family pension since 2011, this Court would direct as follows:- The concerned Branch Manager/ Chief Manager of ADB Branch of State Bank of India would forward the necessary papers as required by the Treasury Officer, Purnea, vide his letter No.

Patna High Court CWJC No.1562 of 2016 (2) dt.17-09-2016 3/3 922, dated 14.05.2013, irrespective of the fact that the same has been addressed in the name of the Chief Manager, State Bank of India, Main Branch, Purnea. On receipt of the necessary papers, the Treasury Officer, Purnea, would start the family pension along with arrears so that the widow may not have to run from pillar to post.

With the direction aforesaid, the writ application stands disposed of.

Let a copy of this order be forwarded to the Chief Manager, State Bank of India, Main Branch, Purnea as well as the Branch Manager/ Chief Manager, ADB Purnea Branch of State Bank of India, Purnea, bearing Code No. 8146 for speedy compliance. The State Bank of India, Main Branch, Purnea, would also forward a copy of letter, dated 14.05.2013 (Annexure-3) to the ADB Branch of State Bank of India.

(Samarendra Pratap Singh, J.) U kunal/-