Harihar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11775 of 2014 ======================================================

1. Harihar Sah S/o Late Nathuni Sah Resident of Village - Madhepura, Ward No.1, P.O. + P.S. + District - Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary 2 The Accountant General, Bihar, Patna 3 The Chief Manager, Central Bank, Patna 4 The Treasury Officer, Madhepura 5 The Branch Manager, Central Bank, Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Ms. Mallika Mazumdar Mr. Prem Kumar For the State : Mr. Mukund Mohan Jha, AC to GP 31 For Accountant General : Mr. Mani Kant Mishra For Central Bani of India : Mr. Ajay Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-07-2016 Heard learned Counsel for the parties concerned.

The sole grievance of the petitioner is that he is not getting his pension because he has lost the Pension Payment Order on 14.03.2014, issued in his favour. Learned Counsel appearing on behalf of the Accountant General has drawn my attention to Rule 208 of the Bihar Treasury Code, 2011, which authorizes the disbursing officers to renew Pension Payment Orders without reference to Accountant General in cases the Pension Payment Orders are lost, worn out or torn.

Patna High Court CWJC No.11775 of 2014 (2) dt.21-07-2016 2/3 The said Rule 208 of the Bihar Treasury Code, 2011, is being extracted herein below:

"208. (a) Disbursing Officers are authorized to renew pension payment orders without reference to the Accountant General in cases in which pensioner's portion is lost, worn or torn or the entries on the reverse of either the pensioner's or the disburser's portion are completely filled up. The renewed Pension Payment Orders shall bear the old number, date and facsimile of signature of the issuing officer. The old PPO, if available, shall be retained by the disbursing officer for 3 years and then destroyed. A note of the issue of the new Pension Payment Order shall be made in the remarks column of the Pension Payment Orders Register.

(b) On the renewal of a Pension Payment Order, the portion of the original order containing the facsimile of the pensioner's signature of his thumb impression, as the case may be, and the copy of his/her photograph shall be cut off from the old and pasted on the renewed Pension Payment Order, before the latter is signed by the disbursing officer."

It is submitted on behalf of the Accountant General, Bihar, that the Treasury Officer, Madhepura, has

Patna High Court CWJC No.11775 of 2014 (2) dt.21-07-2016 3/3 been directed to proceed for renewal of the Pension Payment Order in terms of Rule 208 of the Bihar Treasury Code, 2011.

Learned Counsel for the Central Bank of India submits that once renewed Pension Payment Order is received, payment of pension to the petitioner will resume immediately.

Considering the above, this application stands disposed of with the direction to the concerned disbursing officer to ensure that Pension Payment Order, which the petitioner has lost, must be renewed within a period of one month from the date of receipt/production of a copy of this order.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T X