Ram Shakhi Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 8179 of 2017 =========================================================== Ram Shakhi Devi, W/o Late Chandrika Prasad Singh, Resident of Village-Baghaur P.S.-Halsi, District-Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Department of Education, Government of Bihar, Patna.
2. The Director, Primary Education, Bihar, Patna.
3. The District Magistrate, Lakhisarai.
4. The District Programme Officer (Establishment), Jamui.
5. The Accountant General, Bihar, Birchand Patel Marg, Patna.
6. The Treasury Officer, Lakhisarai.
7. The State Bank of India through the Regional Manager, Regional Office, Anta Ghat, Patna.
8. The Branch Manager, State Bank of India, Halsi, District-Lakhisarai. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the State :
Mr. Vivek Anand Amritesh, Advocate For the S.B.I.
:
Mr. Satya Prakash Tripathy, Advocate For the Accountant General :
Mr. Ram Kinkar Choubey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 08-05-2018 Heard learned counsel for the petitioner; State; Accountant General and the State Bank of India.
2. The petitioner has moved the Court for the following reliefs:
"That the petitioner craves indulgence of this Hon‟ble Court for issuance of an appropriate writ preferably in the nature of mandamus commanding and directing the Respondents concerned to grant family pension as well as arrears of pension in favour of the petitioner (Ram Shakhi Devi) as the same is not being paid to her after death of her husband on
Patna High Court CWJC No.8179 of 2017 dt.08-05-2018 2/3 11.03.2016 on the ground of error committed in mentioning her name in P.P.O. No. 328040 of her husband as „Ram Shakti Devi‟ in place of "Ram Shakhi Devi" for which petitioner has no fault at all because husband of petitioner submitted her joint photograph mentioning her name as "Ram Shakhi Devi" as his legal wife at the time of submitting the relevant documents which also attested by the Gazzetted Officer and despite apprising all these facts and submitting relevant documents before the Respondent authorities concerned her family pension is not being paid to her. And/or any other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances of this case."
3. From the pleadings on record it appears that the obstacles for payment of family pension of the petitioner was that in the Pension Payment Order of the late husband, her name was wrongly mentioned as 'Ram Shakti Devi' instead of 'Ram Shakhi Devi'. It further appears from the pleadings that correction has been made by the Accountant General in the Pension Payment Order and the same was communicated to the Treasury Officer, Lakhisarai on 13.06.2017, from where the same has been sent to the concerned Branch Manager of the State Bank of India on 29.06.2017.
4. Learned counsel for the petitioner submitted that despite being old she has been going to the office of the respondent no. 8 but payment has not been made to her. Learned counsel for the
Patna High Court CWJC No.8179 of 2017 dt.08-05-2018 3/3 respondent no. 8 submitted that certain formalities are required to be completed for which the petitioner has to come to the branch.
5. Be that as it may, as has been agreed by learned counsel for the State Bank of India, let the petitioner appear before the respondent no. 8 or whoever may be in-charge of the said branch, within two weeks from today. Upon the petitioner doing so, the respondent no. 8 shall ensure that family pension is started to the petitioner and all arrears are credited to her account within three weeks from the petitioner appearing before him, after completion of all the required legal formalities.
6. The writ petition stands disposed off in the aforementioned terms.
(Ahsanuddin Amanullah, J.) Anand Kr.
AFR/NAFR U