Devendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1695 of 2009 ====================================================== Devendra Prasad, son of late Ram Briksha Ram, resident of Village Haridaspur, P.S. Danpur, District Patna at present residing in Village Kistipur, P.S. Dhanarua, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Commissioner-cum-Secretary, Department of Finance, Government of Bihar, Patna.

3. The Joint Secretary, Department of Finance, Government of Bihar, Patna.

4. The Secretary, Karmik and Prasasnik Sudhar Vibhag, Government of Bihar, Patna.

5. The Accountant General, Bihar, Patna, Birchand Patel Marg, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT 06-08-2015 Heard learned counsel for the parties.

The writ application had been filed by the petitioner

Patna High Court CWJC No.1695 of 2009 (10) dt.06-08-2015 2/3 seeking payment of pension in the revised pay scale. However, during pendency, he passed away on 14.04.2010 and was substituted by his son, who is the present petitioner. Learned counsel for the petitioner submits that as per the entitlement, after revision of the pension, actual benefit has not been paid to the late father of the petitioner.

From the materials on record, it appears that the State Government has sanctioned for payment after revision and authority slip was also issued by the office of the Accountant General, Bihar, Patna but in view of the specific stand of the learned counsel for the petitioner that that amount has not been credited in the account of the late father of the petitioner, this Court deems it appropriate to issue direction both to the Accountant General, Bihar, Patna as well as the Treasury Officer, Danapur to sort out the matter with regard to the actual payment being credited in the account of the late father of the petitioner pursuant to revision, which is reflected from Annexure B of the counter affidavit filed on behalf of the Accountant General, which is copy of the pension order dated 8th May, 2010 in favour of the late father of the petitioner.

Let the said exercise be completed and actual payment be made in the account of the late father of the petitioner

Patna High Court CWJC No.1695 of 2009 (10) dt.06-08-2015 3/3 latest by 18th August, 2015, failing which the petitioner shall have liberty to file an appropriate application before this Court. Thereafter, the heir(s) of the late employee shall be entitled to withdraw the amount after satisfying the authority with regard to his/their entitlement.

The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) Anjani/- U