Md. Aashik v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2641 of 2016 ======================================================
1. Md. Aashik Son of late Md. Dulan Mian, Resident of Village- Ojha Chani, P.S Gopalpur, District Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Gopalganj.
2. The Executive Engineer, Saran Canal Division, Gandak Project Bhore, District Gopalganj.
3. The Treasury Officer, Gopalganj.
4. The Branch Manager, State Bank of India, Fulwaria, District Gopalganj. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha For the Respondent nos.1 to 3 : Mr. Birju Prasad, For the SBI : Mr. Kaushlendra Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2017 Heard learned counsels for the parties.
The present writ application has been filed for a direction to the respondent authorities to make payment of arrears of pension due from 1.7.2014 till date. It is submitted by learned counsel for the petitioner that the petitioner was posted as Canal Meth in the office of the Executive Engineer, Saran Canal Division, Gandak Project, Bhore, Gopalganj. The petitioner retired on 30.6.2014 as Canal Meth from the office of the Executive Engineer, Saran Canal Division, Gandak Project, Bhore, Gopalganj.
Patna High Court CWJC No.2641 of 2016 (3) dt.10-08-2017 2/3 The petitioner received gratuity amount of Rs.4,25,733/-. The pension of the petitioner was sanctioned vide order dated 13.5.2014, as contained in Annexure 2, from the office of the Accountant General amounting to Rs.6,790/- per month w.e.f. 1.7.2014 and the same was sent to the Treasury Officer, Gopalganj. The Treasury Officer calculated the pension amount after deducting the commutation amount and adding dearness allowance to the tune of Rs.10964/- per month and transferred the same to the State Bank of India, Fulwariya branch but the same is not being paid by the bank in spite of several representations having been made by the petitioner.
Learned counsel for the State Bank of India submits that at present, he is having no instruction in the matter. Prima facie, there does not appear any reason for the bank to deny making payment, when the sanction order has already been transmitted by the Treasury Officer. In the circumstances, respondent no. 4, the Branch Manager, State Bank of India, Fulwaria, Gopalganj is directed to make payment to the petitioner, if there is no legal impediment in making such payment, within a period of four
Patna High Court CWJC No.2641 of 2016 (3) dt.10-08-2017 3/3 weeks from the date of receipt/production of a copy of this order.
With the aforesaid observation/direction, this writ application is disposed of.
(Dinesh Kumar Singh, J) Anil/- U