Sudarshan Shah v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8564 of 2016 ====================================================== Sudarshan Shah, S/o Late Lakhichand Shah, R/o Village- Chak Sahabaj, P.O.- Marar, Via Parsa, District-Saran (Chapra). .... .... Petitioner/s

Versus

1. The Union of India through Ministry of Defence, Government of India, New Delhi

2. The Principal C.D.A. (Pension) Office of the Principal C.D.A. (Pension) Allahabad 211014

3. P.C.D.A. (P) Allahabad-211014 (For Information) H.Q.E.A.C., I.A.F., O/C P.C. 10 Wing A.F.(Fit Cdr. Accts. Fit)

4. The Treasury Officer, Jorhat, Government of Assam, Office of Treasury Officer, Jorhat, Assam

5. The Branch Manager, State Bank of India, Parsa Branch, Chapra, Saran, Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For Union of India : Mr. Arvind Kumar Tiwary, CGC For State Bank of India : Mr. Rakesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 23-11-2017 Learned counsel for the petitioner; Union of India and State Bank of India have assisted the Court.

2. The controversy boils down as to whether the authority for payment of revised pension and Gratuity, which is said to have been forwarded by the Treasury Officer, Jorhat, in the State of Assam to the respondent no. 5, has been received by him.

3. Learned counsel for the petitioner submitted that due to wrong description by the respondent no.4, the authority has been sent to the State Bank of India, Parasar Branch, instead of

Patna High Court CWJC No.8564 of 2016 (5) dt.23-11-2017 2/2 Parsa Branch.

4. Learned counsel for the State Bank of India submitted that no such authority from respondent no. 4 has been received in favour of the petitioner.

5. In view thereof, the writ petition stands disposed off with a direction to the respondent no. 5 to issue a certificate to the petitioner with regard to non-receipt of authority issued in favour of the petitioner for payment of revised pension and gratuity, within two weeks from the date of production of a copy of this order before him. The petitioner upon receipt of the same shall produce it before the respondent no. 4 who shall issue fresh authority in favour of the petitioner addressed to the respondent no. 5, within two weeks thereof.

6. The authority issued by the respondent no. 4, upon being presented before respondent no. 5 by the petitioner, payment shall be ensured within three weeks thereafter. (Ahsanuddin Amanullah, J) khushbu/- U