Patiraj Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9560 of 2019 ====================================================== Patiraj Devi W/o Late Ram Binay Singh Resident of Village-Baruari,P.O. Keotsa Baruari,P.s. Katra,Dist.-Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary,Department of Science and Technology,Govt. of Bihar,Patna 2.

The Principal, Govt. Polytechnic,Gulzarbag,Patna-7 3.

The Superintendent, Work Shop (Electrical) Govt.

Polytechnic,Gulzarbag,Patna-7 4.

The Treasury Officer, Muzaffarpur,Dist.-Muzaffarpur 5.

The Accountant General, Bihar,Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Respondent/s :

Mr.Ajay ( Ga5 ) : Mr. Rakesh Kr. Ranjay For A.G. : Mrs. Namrata Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2019 The present writ petition has been filed to revise the family pension payable to the petitioner as also to pay the family pension at the normal rate of 30% of the emoluments last drawn by the deceased husband of the petitioner, according to which family pension ought to have been Rs. 938/- per month instead of a sum of Rs. 600/- per month w.e.f. 21.05.2002. The learned counsel appearing for the Accountant General has submitted, by referring to the counter affidavit filed on behalf of the Accountant General, that the revision of family pension we.f. 21.05.2002 to 31.12.2015 pertains to the Treasury/

Patna High Court CWJC No.9560 of 2019(5) dt.16-09-2019 2/2 Bank Concerned, hence a letter has been written to the Treasury Officer, Muzaffarpur to do the needful with regard to the revision of pension/ family pension w.e.f. 21.05.2002, however it has been submitted that w.e.f. 01.01.2016 (effective from 01.04.2017), the family pension of the petitioner has been revised and fixed at a sum of Rs. 16,566/-.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with a direction to the Treasury Officer, Muzaffarpur to consider the case of the petitioner for revision of pension w.e.f. 21.05.2002 @ Rs. 938/- per month within a period of eight weeks from the date of receipt/ production of a copy of this order and in case, the petitioner is not entitled to the said amount, then the Treasury Officer, Muzaffarpur shall pass a reasoned order for denial of the same.

(Mohit Kumar Shah, J) rinkee/- U