Chinta Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13902 of 2018 ====================================================== Chinta Devi, wife of Late Bhola Prasad Singh, resident of Village - Dakshinichak, Police Station- Athmal Gola, Barh, District Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary and Middle School Education Department, Govt. of Bihar, Patna.

4.

The Collector, Patna.

5.

The District Education Officer, Patna.

6.

The District Programme Officer Establishment, Patna. 7.

The Treasury Officer, Patna.

8.

The Sub Treasury Officer, Barh, Patna.

9.

The Branch Manager, State Bank of India, Athmalgola, Barh, District - Patna.

10.

The Accountant General (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Verma, Adv.

For the Respondent/s :

Mr. Rakesh Narayan Singh, AC to AAG-15 For the A.G.

:

Mr. Uday Kumar, Adv.

For the S.B.I.

:

Mr. Anjani Kumar Mishra, Adv.

Mr. Ambarish Bhardwaj, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the State Bank of India and learned counsel appearing on behalf of the Accountant General, Bihar, Patna.

Counter affidavits have been filed on behalf of the State, State Bank of India and Accountant General. In the counter affidavit filed on behalf of the State Bank of India, it has

Patna High Court CWJC No.13902 of 2018(3) dt.11-04-2019 2/3 been stated that a sum of Rs. 5,97,673/- has been credited in the account of the petitioner towards revision of family pension on 02.01.2019 and the revised gratuity amount of Rs. 98,439/- has been credited in the account of the petitioner on 25.02.2019 which is contained in the statement of account as enclosed in Annexure-R/1 to the counter affidavit filed on behalf of the State Bank of India.

Learned counsel for the petitioner submits that so far as gratuity is concerned, the same was sanctioned by the office of the Accountant General way back on 18th July, 2014 for an amount of Rs. 98,439/- as contained in Annexure-6 to the writ application but no interest for the period July, 2014 till the date of payment has been calculated and paid.

Considering the nature of claim made by the petitioner, petitioner is directed to file a representation before the respondent no. 6, the District Programme Officer (Establishment), Patna with regard to his claim of interest on the revised family pension and gratuity and delay in payment of gratuity which would be disposed of within three months from the date of filing of such representation. Any amount due would be paid within two months thereafter. If certain amounts are inadmissible, the same shall be communicated to the petitioner

Patna High Court CWJC No.13902 of 2018(3) dt.11-04-2019 3/3 by a speaking order sent through registered post. Writ application is disposed of accordingly.

(Nilu Agrawal, J) devendra/priyanka U