Urmila Devi @ Urmila Kunwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6123 of 2015 ====================================================== Urmila Devi @ Urmila Kunwar Wife of late Rajendra Prasad Singh, Resident of Village- Jalpura, P.O.- JAlpura, P.S.- Hashpura, District- Aurangabad ... ... Petitioner

Versus

1.

The State Of Bihar through the Chief Secretary Bihar, Patna 2.

The Principal Secretary, Water Resources, Bihar, Patna. 3.

The Secretary, Water Resources Department, Bihar, Patna. 4.

The Engineer in Chief, Irrigation Department, Visvasharya Bhawan, Bailey Road, Patna-1.

5.

The Chief Engineer, Water Resources, Irrigation Department, Anishabad, Patna-2.

6.

The Executive Engineers, Irrigation Department, Tilaya Nahar Parmandi. Wazirganj, District- Gaya.

7.

The Assistant Engineers, Irrigation Department, Tilaya Nahar Parmandi, Wazirganj, District- Gaya.

8.

The Accountant General A and E, Bihar, Patna. 9.

The Treasury Office, Aurangabad.

10.

11.

The Assistant Treasury Officer, Daudnagar, Aurangabad The District Magistrste, Aurangabad ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Jagjit Roshan, Advocate For the State :

Mr.Alok Kumar Rahi, AC to GP 21 for the AG, Bihar : Mr. Rabindra Kumar Pridarshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

Learned counsel for the petitioner is permitted to implead the District Magistrate, Aurangabad as respondent no.11 to the writ petition.

2/4 Widow of the Government employee has moved this Court with a prayer for payment of arrears of salary for certain periods as well as fixation of her pensionary benefits and payment of her pensionary benefits.

During pendency of the writ petition it appears from the pleadings on record that the claim of the petitioner was considered by the authorities. Since original service book of the petitioner's husband was missing the same was reconstructed and same was found to be irregular. Competent Authority has taken a decision regarding the dues of the petitioner's husband by regularizing the said irregularity and total of 904 days of unpaid leave has been sanctioned for the said period. Pursuant to the said exercise undertaken by the authorities the Pension Payment Order (PPO) authorizing payment of pension in favour of the petitioner's wife has been issued on 24.10.2016. IA No. 7010/2018 has been filed by the petitioner praying that the arrears of revised pension and grant of family pension which have been allowed by the PPO dated 24.10.2016 be directed to be transferred from the Treasury officer, Aurangabad to the Assistant Treasury Officer, Daudnagar, District Aurangabad as the payment of family pension was to be made to the petitioner from the Treasury Office at

3/4 Daudnagar.

Claim of the petitioner has also been responded to by the Treasury Officer, Aurangabad who has forwarded the original PPO to the Treasury Officer, Daudnagar on 31.12.2016 by letter no. 1103.

It is submitted by petitioner's counsel that till date benefits of the same has not been extended to the petitioner and amount not credited in the petitioner's account at Daudnagar. In view of the limited grievance now remaining in the writ petition, this Court would dispose of the same with the direction to the newly added respondent no.11, the District Magistrate, Aurangabad and respondent no.6 the Executive Engineer (Irrigation Department) Tilaya Nahr Parmandal, Wazirganj, District Gaya to ensure that in view of submission of original PPO to the Assistant Treasury Officer, Daudnagar, Aurangabad under communication dated 31.12.2016, petitioner be extended the benefits of actual payment under the said PPO dated 24.10.2016 within a period of eight weeks from the date of receipt/production of a copy of this order. It is made clear that if the process requires issuance of fresh PPO in favour of the Treasury Officer, Aurangabad, the office of Accountant General, Bihar shall also ensure that

4/4 appropriate steps are taken so that the benefits of the same may be extended to the petitioner within the period indicated herein above.

(Madhuresh Prasad, J) Shashi U