Bela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11069 of 2019 ====================================================== Bela Devi W/o Indra Bhushan Singh, R/o Village- Sahahpur, P.O.- Sshahpur, P.S.- Goalpara, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar Through its Chief Secretary, Bihar, Patna. 2.

Principal Secretary, Finance Department, Bihar, Patna. 3.

Accountant General, Bihar, Patna.

4.

Collector, Saharsa.

5.

Treasury Officer, Madhepura.

6.

Block Development Officer, Patharghat, Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mallika Mazumdar For the Respondent/s :

Mr.Ajay Kumar Rastogi (Aag 10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The present writ application has been filed by the petitioner for a direction to the respondents to pay post retiral dues to the petitioner.

Learned counsel for the petitioner submits that husband of the petitioner died on 13.4.2014 in harness. A counter affidavit on behalf of respondent no.5 has been filed wherein in paragraphs 6, 7, and 8 the following stand has been taken. Paragraphs 6, 7 and 8 are quoted hereinbelow:- " That at the very outset it is very humbly submitted that the grievance of the petitioner with

Patna High Court CWJC No.11069 of 2019(2) dt.17-06-2020 2/3 respect to the pension is already redressed as the petitioner has already been paid his full and final pension account vide Voucher No. PMDP190820710000087 dated 10.08.2019 amounting to Rs. 8,10,451/- (Rupees Eight Lac Ten Thousand Four Hundred Fifty One only), which includes the pay revision as recommended by the State Six Pay Commission.

7 That in C.F.M.S. pension bill according to seventh pay commission (from 21.04.2017 to till date) not been made due to system error. Pension amount according to seventh pay commission will be paid instantly as soon as the system error will be resolved.

8. That in the facts and circumstances stated hereinabove it is very humbly submitted that on the basis of the available records the full and final pension according to sixth pay commission of the petitioner has already been paid in favour of the petitioner at the end of the answering respondents." Learned counsel papering on behalf of the State admits that the benefit of seventh pay commission has not been paid to the petitioner due to system error.

Considering the aforesaid, the writ petition is disposed of with a direction to the respondents to finalize the payment of revised family pension of the petitioner in terms of seventh pay commission and ensure payment of entire arrears on revised pension within a maximum period of two months from the date of receipt/production of a copy of this order. In the event, the petitioner has any other of grievance, liberty shall be available to the petitioner to approach the respondent no.4, Collector,

Patna High Court CWJC No.11069 of 2019(2) dt.17-06-2020 3/3 Saharsa who shall redress the grievance of the petitioner by reason speaking order and ensure payment thereof within a maximum period of three months from the date of filing of such representation alongwith a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U