Shakuntala Devi@Sakunti Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7253 of 2015 ===========================================================

1. Shakuntala Devi @ Sakunti Devi W/o Late Bimal Singh

2. Sudhir Kumar Singh

3. Randhir Kumar

4. Sandhir kumar All sons of Late Bimal Singh All Residents of Village- Karampur, P.O. Pawapuri, P.S Giriak, DistrictNalanda. .... .... Petitioners

Versus

1. The State of Bihar through Chief Conservator of Forest , Bihar, Patna

2. The Divisional Forest Officer, Dhanbad,.

3. The Accountant General, Bihar, Patna

4. The State of Jharkhand Through Chief Conservator of Forest , Ranchi, Jharkhand.

5. The Accountant General , Jharkhand, Ranchi.

6. The Treasury Officer, Nalanda at Biharsharif .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Satya Ranjan Sinha, Advocate For the State of Bihar : A.A.G. 13 For the State of Jharkhand : Mr. Sanjeev Jaiswal, Advocate For the A.G.

: Mr. Amarnath Singh, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 23-08-2016 As prayed, petitioner is permitted to implead the Treasury Officer, Nalanda, Biharsharif as respondent no. 6 in course of the day.

The Treasury Officer, Nalanda is present in person as per the direction of this Court.

It is submitted by him that at the time when the PPO

Patna High Court CWJC No.7253 of 2015 dt.23-08-2016 2/3 was issued in favour of the original writ petitioner, he had already died and, therefore, the PPO was issued in the name of the dead person. However, the Treasury Officer is completely unable to convince the Court as to what action he took after receipt of the PPO on 24.2.2016.

However, since admittedly the writ petitioner had died and the PPO has been issued in the name of the dead person, let the widow, i.e., the petitioner no. 1 approach the Accountant General, Bihar by filing a representation in this regard. Thereafter, let the office of the Accountant General, Bihar take necessary step and issue fresh PPO in the name of the admissible person within a period of two weeks after filing of such representation and that should be immediately communicated to the concerned Treasury Officer and the petitioner no.1. Thereafter, the petitioner no. 1 would be required to appear before the Treasury Officer with the original copy of the PPO and immediately pension should be paid to the petitioner no. 1 thereafter if such PPO would be issued in her favour. Petitioner no. 1 has stated that her name is Shakuntala Devi @ Sakunti Devi. Let her file necessary affidavit before the Accountant General, Bihar or open a fresh bank account in the name of Shakuntala Devi @ Sakunti Devi so that necessary payment is credited to her account if PPO is issued in her favour.

Patna High Court CWJC No.7253 of 2015 dt.23-08-2016 3/3 The personal appearance of the Treasury Officer, Nalanda is dispensed with.

This writ application stands disposed of.

(Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.08.2016 Transmission Date NA