Usha Sharma And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2961 of 2017 In Letters Patent Appeal No.869 of 2016 ====================================================== 1.1. Usha Sharma, aged about 65 years Widow of late Nagendra Prasad Sharma Resident of Village- Tetri, P.S. Dandari, District- Begusarai. 1.2. Sharika , aged about 46 years D/o late Nagendra Prasad Sharma Presently residing at C-25/23, Noida-201301U.P.
1.3. Sarita , aged about 40 years D/o late Nagendra Prasad Sharma Presently residing at B-502, Gautam Complex, Sector-II, C.B.D. Belapur Navi Mumbai, Maharasta- 400614 1.4. Pankaj Kumar, aged about 44 years Son of late Nagendra Prasad Sharma Resident of Village- Tetri, P.S. Dandari, District- Begusarai. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Mr. Amrit Lal Meena, the Principal Secretary, Road Construction Department, Government of Bihar, Pa 3.
Mr. Lakshmi Narayan Das, the Engineer in chief cum Additional Commissioner cum Special Secretary, R 4.
Mr. Rajneesh Kumar, The Deputy Secretary cum Chief Vigilance Officer, Road Construction Department, 5.
Mr. Bhawaninandan, The Chief Engineer C, Road Construction Department, South Bihar Wing, Government 6.
Mr. Baidyanath Ram, AT- Shivayan, House No. 59, Sector-K, People's Cooperative Colony, Hanuman Nagar, Kankarbagh, Patna. Opposite Park No. 28, P.O.- Lohianagar Hanuman Nagar, Pin- 800020. 7.
Mr. Kishor Ranjan Sinha, Patanjali Stores Opposite St. Karen's Primary School, Gyan Ganga Kitab Bh ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Adv.
For the Opposite Party/s :
Mr.Raj Ballabh Pd. Yadav - Aag 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 25-11-2019 It is not disputed that the direction in the judgement
Patna High Court MJC No.2961 of 2017(9) dt.25-11-2019 2/3 dated 7.5.2015 passed in C.W.J.C.No.14067 of 2008 stands affirmed by this Court vide order dated 17.11.2016, passed in L.P.A. No.869 of 2016 and have attained finality. Regretfully, for more than three years pecuniary benefits have not yet been released to the rightful claimant, be it the original employee/writ-petitioner or his legal heir. It appears that the matter is shuffling from department to another. Shri Raj Ballabh Prasad Yadav states that the amount already stands sanctioned by the State Government and is to be released by the office of the Accountant General. Shri Amarnath Singh appearing for the Accountant General explains the reason for non-disbursement of the amount and that being, the death of the deceased employee and nonfulfilment of the procedural formalities by the beneficiaries/nominees.
Shri Sunil Kumar states that petitioner is the wife of the deceased employee, namely late Shri Nagendra Prasad Sharma, and that she would make herself available in the office of the Treasury Officer, Begusarai on 6.12.2019. Shri Yadav states that if the lady were to make herself available in the office of the Treasury Officer, Begusarai on 6.12.2019 at 10:30 a.m., all formalities shall be completed
Patna High Court MJC No.2961 of 2017(9) dt.25-11-2019 3/3 the same day and the amount disbursed within 15 days thereafter.
Statement accepted and taken on record.
The application is disposed of with the direction to the Treasury Officer, Begusarai to positively disburse the monetary benefits/emoluments as calculated, in accordance with law, within a period of 15 days from 6/12/2019. Liberty reserved to the petitioner to assail the said action/decision in an appropriate application, if need so arises, in accordance with law.
(Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) K.C.Jha/- U