Veena Kumari v. That State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19279 of 2021 ====================================================== Veena Kumari Wife of Late Amrendra Kumar Mehta, Resident of Garibishanpur, P.S.- Maheshpur, Lakhisarai, Bihar. ... ... Petitioner/s

Versus

1.

That State of Bihar through Principal Secretary, Water Resources Department Govt. of Bihar, Patna.

2.

That Additional Secretary, Water Resources Department, Govt. of Bihar, Patna.

3.

That Engineer-in-Chief, Water Resources Department, Govt. of Bihar, Patna. 4.

The Under Secretary, Water Resources Department, Govt. of Bihar, Patna. 5.

That District Magistrate-Cum-Collector Banka. 6.

The Block Development Officer, Belhar, Banka. 7.

That Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Rajesh Kumar, Mr. Amit Shankar, Advocates For the Respondent/s :

Mr. Venkatesh Kirti, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 19-02-2024 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Venkatesh Kirti, learned AC to GA-2 for the State.

2. The instant writ petition has been filed seeking a direction to the Respondents to pay revised pension of the deceased/husband of the petitioner who died during his service period while working as Junior Engineer in the Water Resources Department, w.e.f 7th Pay Commission and also for grant of ACP benefits to the deceased/husband of the petitioner w.e.f

Patna High Court CWJC No.19279 of 2021(3) dt.19-02-2024 2/3 01.04.2017 along with the interest @ 12% per annum.

3. Counter affidavit has been filed on behalf of Respondents No. 5 and 6 wherein it has been stated that the relief(s) sought for by the petitioner has been granted.

4. Learned counsel for the petitioner, however, submits that though the relief(s) sought for by the petitioner in the instant writ petition has been granted to the petitioner but the interest @ 12% per annum under revised pension and ACP benefits of the petitioner's husband have not been given by the Respondents/authorities. Under the circumstances, learned counsel for the petitioner submits that this writ petition may be disposed of with a liberty granted to the petitioner to submit a representation to the competent authority praying for the interest @ 12% per annum on the aforesaid amount.

5. The prayer made by the learned counsel for the petitioner being not opposed by the learned State counsel, this writ petition is disposed of with a liberty granted to the petitioner to submit a representation to the appropriate competent authority regarding payment of interest @ 12% per annum under revised pension and ACP benefits of the petitioner's husband. As and when, such representation is submitted by the petitioner, the respondent-authority shall

Patna High Court CWJC No.19279 of 2021(3) dt.19-02-2024 3/3 consider the same in accordance with law and dispose of the same by passing a reasoned and speaking order within a period of six weeks from the date of receipt of such representation.

6. With the aforesaid direction, the instant writ petition stands disposed of.

(Nani Tagia, J) perwez U