Most. Asha Devi v. The Bihar State Housing Borad And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1472 of 2014 ====================================================== Most. Asha Devi Wife Of Late Uma Shankar Prasad Resident Of Mohalla - Damaria, P.O. - Anishabad, P.S. - Gardanibagh, District - Patna - 800002 .... .... Petitioner/s

Versus

1. The Bihar State Housing Board , Through Its Chairman, Sardar Patel Road, Patna

2. The Managing Director, Bihar State Housing Board, Mangals Road, Patna

3. The Secretary Bihar State Housing Board, Patna

4. The Manager Of The Estate Cum Joint Secretary, Bihar State Housing Board, Mangals Road, Patna

5. The Executive Engineer, Bihar State Housing Board Office, Patna Division - 2, Bhutnath Road, Bahadurpur, Patna

6. The Accountant General, Bihar, A.G. Office, Birchand Patel Path, Patna-1 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Govind Mishra, Adv. For the Respondent/s : Mr. Sanjay Mandal, AC to SC-6 For the AG : Mr. Ranjan Kumar, Adv. For the B.S.H.B. : Mr. Raj Nandan Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 09-02-2015 Heard learned counsel for the parties as with regard to the relief sought by the petitioner in respect of payment of family pension.

Learned counsel for the petitioner submits that during pendency of the writ application, the respondents have taken steps for payment of family pension to the petitioner but, then, arrear of the said amount of family pension has not been paid as yet. Learned counsel for the respondents, on the other hand, having filed counter affidavit, have taken a plea that the family

Patna High Court CWJC No.1472 of 2014 (6) dt.09-02-2015 pension of the petitioner was sanctioned by the competent authority of the State Government vide letter dated 20.10.2014 and a request was made to the Accountant General to issue authority slip. As a matter of fact, the learned counsel for the parties agree that the authority slip has also been issued by the Accountant General and has been received in the treasury. In that view of the matter, no dispute actually lies with regard to entitlement of the family pension of the petitioner.

This Court would accordingly direct that the arrear and current family pension to the petitioner must be made in accordance with law within a period of one month from the date of production/receipt of a copy of this order by the concerned treasury officer.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U