Singasani Devi @ Sirasan Devi v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 2770 of 2018 ====================================================== Singasani Devi @ Sirasan Devi W/o Late Ramesh Kumar Mishra, R/o Village P.O. Sonbarsha, P.S.- Shahpur, District- Bhojpur, Ara, Retired Head Watchman, FCI, FSD, Digha Ghat under D.O. Patna. ... ... Petitioner/s

Versus

1.

The Union Of India through the Secretary, Government of India, Department of Public Distribution, Ministry of Consumer Affairs, Food & Public Distribution, Keshri Bhawan, New Delhi - 110 001 2.

The Chairman-cum-Managing Director, Food Corporation of India Headquarters, 16-20 Barakhambha Lane, New Delhi - 110 001 3.

The Executive Director, Food Corporation of India, Zonal Office, East, 10 A, Middlenton Row, Kolkata - 700 001 4.

The General Manager Food Corporation of India, Regional Office, Exhibition Road, Patna- 800001.

5.

The Area Manager, FCI, District Office, Digha Ghat, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Ram Kumar Singh, Advocate For the Union of India :

Mr S D Sanjay, ASG For the F C I :

Mr Prabhakar Tekriwal, Advocate ======================================================

CORAM:

HONOURABLE MR JUSTICE RAJIV ROY ORAL ORDER 18-09-2023 Interlocutory Application No 1 of 2023 This application has been preferred for substituting the heir of the original petitioner who died on 14.09.2022. 2 There is no opposition from the other side. 3 Interlocutory Application No 1 of 2023 stands allowed.

4 Let the name of son of the original petitioner be substituted in place of original petitioner as petitioner No 2.

Patna High Court CWJC No.2770 of 2018(3) dt.18-09-2023 2/3 5 Heard the parties.

6 Prayer is for the following reliefs:

1. "I For quashing the letter vide Office Order dated 10.09.2001 underlying revision of pay fixation and recovery/adjustment of excess amount paid to the beneficiaries and justifying that by a Committee Report dated 21.09.2004 concealing/hiding the most important portion of the CSR Article 526 (c) under which liberalization of ignorable pension to ex-servicemen below Commissioned Officer's rank was completely hidden/missed/vanished.

II For issuance of appropriate Writ in the nature of Mandamus directing the Respondents to pay the amount of approximately Rs 90,000/- deducted from the post retiral benefit of the husband of the Petitioner.

III For issuance of such other appropriate order or direction which may be deemed fit and proper in the facts and circumstances of the present case."

7 Mr Prabhakar Tekriwal, learned counsel appearing for the Food Corporation of India at the outset submits that the grievance of the petitioner has been redressed. 8 Learned counsel for the petitioner submits that there are certain benefits which still has not been paid to the deceased. He submits that though the payment has been made, the same was delayed and, as such, he may be allowed to prefer a petition for providing interest thereon.

Patna High Court CWJC No.2770 of 2018(3) dt.18-09-2023 3/3 9 The petitioner has the liberty to do so.

10 The writ petition stands disposed of as the payment has already been made.

(Rajiv Roy, J) M.E.H./- U