Patna High CourtCWJC/3883/2015disposed

Shanti Devi v. The State Of Bihar And ORS

2015-03-23Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3883 of 2015 ====================================================== Shanti Devi Aged about-56 Years W/O Late Durga Singh, At.-Kamanpura, P.O.- Dharamparsa, P.S. + Prakhand- Manjha, District- Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar .

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The District Magistrate , Gopalganj.

4. The District Education Officer, Gopalganj.

5. The District Programme Officer (Establishment) Gopalganj.

6. The Block Education Officer, Manjha Prakhand + District- Gopalganj.

7. The Accountant General of Bihar, Patna.

8. The District Treasury Officer, Gopalganj .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rama Kant Singh For the Respondent/s : Mr. S.A. Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-03-2015 Learned counsel for the petitioner prays for and is allowed to implead the Treasury Officer, Gopalganj as respondent no.8. Heard learned counsel for the parties.

It really baffles this Court to understand as to how the widow of late Durga Singh, who had retired as a teacher on 31.1.2013 and had also died on 26.5.2013, can be denied payment of death cum retirement benefit of her husband even when the office of the Accountant General is said to have authorized the family pension of the petitioner as also pension of her husband for the period 1st February, 2013 to 26.5.2013. As a matter of fact it is also very clear that the amount of gratuity also was authorized by the office of the Accountant General on 17th February, 2014.

Patna High Court CWJC No.3883 of 2015 (2) dt.23-03-2015 In that view of the matter, this Court would direct the District Programme Officer (Establishment), Gopalganj and the Treasury Officer, Gopalganj to ensure that the death cum retirement benefit of late Durga Singh including the family pension sanctioned to the petitioner is paid within a period of three months from the date of receipt of this order. It is made clear that if for any reason whatsoever such payment is not made to the petitioner, as already sanctioned by the office of the Accountant General, the District Programme Officer (Establishment), Gopalganj and the Treasury Officer, Gopalganj shall be held guilty for committing contempt of this Court. With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U