Nisha Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1027 of 2016 ====================================================== Nisha Verma Wife of Late Dilip Kumar Shrivastva Resident of Sudama Kutir Chandmari, P.S. Motihari, District - East Champaran .. Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna

3. The Engineer - in - Chief, Water Resources Department, Govt. of Bihar, Patna

4. The Chief Engineer

5. The Superintending Engineer, Water Drainage Investigation Circle, Motihari

6. The Executive Engineer, Tirhut Canal Division - 1, Motihari, East Champaran

7. The Treasury officer, East Champaran

8. The Accountant General, Bihar .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Dilip Kumar Tondon, Advocate For the Respondents : Mr. Indradeo Prasad, SC 27 For the AG : Mr. MK Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-09-2016 The petitioner seeks a direction to the respondents to pay her family pension and gratuity payable to her late husband who died in harness while posted as Daftari (book binder). The petitioner was also a teacher in a Government school and retired on 31.1.2014. She vacated her quarter belatedly on 30.11.2000. It appears that subsequently her pension was sanctioned vide PPO No. 110500. However, the amount has not been credited in her account despite issuance of authorization. It appears from the letter of the Senior Treasury officer, East Champaran at Motihari dated 8.10.2015 that the amount of retiral benefits is not being

Patna High Court CWJC No.1027 of 2016 (2) dt.17-09-2016 2/2 credited as he is not aware whether the petitioner has paid the rental of the Government quarter which she vacated belatedly after her retirement. In paragraph 5 of the writ petition the petitioner asserts that she has already paid Rs.9,600/- towards final settlement of rent itself for over occupation of the quarter, whereupon the Executive Engineer issued no dues certificate vide Letter no. 158 dated 18.2.2015, which is Annexure 1. I find substance in the submission of the petitioner. The Executive Engineer, Tirhuit Canal Division-I, Motihari vide his letter dated 18.2.2015 has confirmed the aforesaid fact and that no dues remain against her.

In view of the above, the writ petition is disposed of with direction to the Treasury officer, East Champaran is directed to credit the pensionary dues of the petitioner without delay, as the objections earlier raised are well met.

Shashi.

(Samarendra Pratap Singh, J) U