Sitaram Sasi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 9454 of 2015 ===========================================================

1. Sitaram Sasi, Son of Late Ram Krishna Mahto, resident of village- Gangauli, P.S. Bibhutipur, District- Samastipur.

2. Smt. Raj Kumari Devi, Wife of Biswanath Prasad, resident of Village- Goriya Mahanthpur, P.S. Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2. The Accountant General, Bihar at Patna.

3. The Chief Manager, State Bank of India, Administrative Office, J.C. Road, Patna.

4. The Branch Manager, State Bank of India, Bibhutipur Branch, District Samastipur.

5. Treasury Officer, Samastipur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 13-11-2017 Heard learned counsel for the petitioners; State; Accountant General and State Bank of India (hereinafter referred to as the 'Bank').

2. The original writ petitioner being wife of late Ram Krishna Mahto, upon his death, did not receive any family pension to which she was entitled, resulting in filing of the present writ application. During the pendency of the writ application, she passed

Patna High Court CWJC No.9454 of 2015 dt.13-11-2017 2/3 away leaving behind one son and one daughter, who have since been substituted in the present writ application.

3. At the very outset, learned counsel for the Bank submitted that the entire amount of family pension of the original writ petitioner is with them and the moment the heirs of the original writ petitioner come before him and open their accounts, the money would be credited to such account equally.

4. At this juncture, learned counsel for the petitioners submitted that there is some amount lying in the account of their father also i.e., the original employee and the same may also be distributed among them.

5. Learned counsel for the State Bank of India does not object.

6. Having considered the aforesaid, the writ petition stands disposed off with a direction to the petitioners to appear before the respondent no. 4, within three weeks from today, along with a copy of this order. The respondent no. 4 shall then get separate accounts opened by both the petitioners in his branch. Upon the formalities being completed, the entire money which may be lying in the account of the father of the petitioners and thereafter whatever was due to the late mother of the petitioners, by way of family pension, till the date she died, shall also be credited equally

Patna High Court CWJC No.9454 of 2015 dt.13-11-2017 3/3 between the petitioners, within two weeks thereafter.

7. The order has been passed in view of the stand taken by the parties before the Court.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U