Sobha Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9042 of 2019 ====================================================== Sobha Sinha, D/o- Late Rajendra Prasad Sinha and Late Smt. Ram Pyari Devi, R/o- East Indrapuri, near Roxo Convent High School, P.S. Shastri Nagar, Patna- 800024.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary. 2.

The Principal Secretary, Agriculture Department, Government of Bihar, Patna.

3.

The Director, Agriculture, Bihar, Patna.

4.

The Secretary, Expenditure, Finance Department, Government of Bihar, Patna.

5.

The Treasury Officer, Patna.

6.

The State of Jharkhand, through its Chief Secretary. 7.

The Principal Secretary, Agriculture, State of Jharkhand, Nepal Bhawan, Ranchi.

8.

The Director Agriculture, State of Jharkhand, Nepal Bhawan, Ranchi. 9.

The District Agriculture Officer, Pakur, Jharkhand. 10.

The Sub Divisional Agriculture Officer, Pakur, Jharkhand. 11.

The Accountant General A and E, Bihar, Birchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Roona, Adv.

For the Respondent/s :

Mr. Ratna Kumari, AC to PAAG-2 For the Jharkhand :

Mr. Arup Kumar Chongdar, Adv.

For the A.G.

:

Md. S.M. Ehtsham, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Accountant General, Bihar, Patna.

Learned counsel for the State of Jharkhand is also

Patna High Court CWJC No.9042 of 2019(2) dt.29-04-2019 2/3 present.

The father of the petitioner died while in service on 07.06.1975 leaving the widow Smt. Ram Pyari Devi and three sons and three daughters. The petitioner was the youngest daughter aged 4 years at the time of death of the father. The late employee was posted in the office of the Sub-Divisional Agriculture Officer, Pakur. The widow was sanctioned family pension but she also died on 20.06.2006 and the death certificate of the mother is annexed as Annexure-P/2. It has been submitted that petitioner is the unmarried daughter of the late employee and as such in view of the resolution of the Finance Department issued by memo no. 918 dated 25.10.2018, she is entitled to family pension of the late employee.

Considering the nature of claim made by the petitioner, petitioner is directed to file a representation before the respondent no. 9, the District Agriculture Officer, Pakur, Jharkhand which will be disposed of after thorough enquiry regarding unmarried status of the petitioner within a period of four months from the date of filing of such representation. If the petitioner after thorough enquiry is found unmarried daughter of the erstwhile employee Rajendra Prasad Sinha, the family pension would be released in her favour within a period of two

Patna High Court CWJC No.9042 of 2019(2) dt.29-04-2019 3/3 months thereafter.

Writ application is disposed of accordingly.

(Nilu Agrawal, J) devendra/priyanka U