Sunil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3905 of 2015 ====================================================== Sunil Kumar, Son of Late Sant Prasad Singh, Resident of village- Gonwa, P.S. Naubatpur, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Health and Family Education, Government of Bihar, Patna

2. Superintendent, Anugarh Narayan Magadh Medical College and Hospital, Gaya

3. Treasury Officer, Patna

4. Accountant General, Bihar, Patna

5. Senior Account Officer, Accountant General (A & E), Bihar, Patna

6. State Bank of India through its Assistant General Manager, Centralize Pension Processing Cell, Administrative Office 4th Floor, G.C. Road, Patna

7. Branch Manager, State Bank of India, Nagma Branch, P.S.- Naubatpur, District - Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh, Adv For the State : Mr. SC6- Manindra Kishore Singh For the A.G. : Mr. Kumar Priya Ranjan, Adv For the S.B.I. : Mr. Rakesh Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 24-03-2015 Heard learned counsel for the parties.

Having regard to the fact that there seems to be hardly any controversy as with regard to the entitlement of arrears of family pension for the period from April2009 to 19.02.2012, when the mother of the petitioner, who was receiving the family pension upon the death of the father of the petitioner was subjected to an objection of the office of the Accountant General and that such

Patna High Court CWJC No.3905 of 2015 (2) dt.24-03-2015 objection is also now been sought to be clarified by the office of the Accountant General itself, this Court would direct the competent authority as well as respondent nos. 2 to 7 to ensure that the balance amount of arrears of family pension of the mother of the petitioner must be paid to the person who is the uncontroverted legal heir/representative of the mother of the petitioner. In this regard, this Court can only add that the authorities of the State Bank of India would be also under obligation to release the amount of arrears of family pension on being satisfied with the execution and furnishing of the indemnity bond by the petitioner if he is the only uncontroverted legal heir/representative of his mother.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U