Patna High CourtCWJC/16025/2015disposed

Arun Kumar Das v. The State Of Bihar And ORS

2016-08-20Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16025 of 2015 =========================================================== Arun Kumar Das Son of Late Upendra Narayan Das, Resident of Village - Dakhram P.S. - Bahera, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Fisheries Department Govt. of Bihar, Patna.

2. The Principal Secretary Finance Department, Govt. of Bihar, Patna.

3. The Treasury Officer, Darbhanga at Laheriasarai

4. The Treasury Officer, Benipur Sub - Treasury, Benipur District - Darbhanga.

5. The Accountant General (A & E) Bihar, Patna.

6. The State Bank of India through Branch Manager Benipur Branch, Darbhanga. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dr. Mayanand Jha with Mr. Dharmendra Kumar, Advocates.

For the State : Mr. Anirban Kundu, SC-24 Mr. Pritish Kumar Zed, AC to SC-24 For the SBI : Mr. Rakesh Kumar Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 20-08-2016 Heard learned counsel for the parties.

The grievance of the petitioner is that, though, a revised PPO was issued in his favour but the original copy of the same was not received by him as by that time he had vacated his official quarter and now a revised PPO has to be issued which has not been done. It is submitted by learned counsel for the petitioner that with regard to commutation of pension, the matter is shuttling between the Treasury Officer and the Bank and from the counter affidavit filed by the Treasury Officer, Darbhanga, it appears that the request of the Bank

Patna High Court CWJC No.16025 of 2015 dt.20-08-2016 2/3 for issuing authority letter has already been complied with by the Treasury Officer, Darbhanga.

Learned counsel for the Bank submits that as per the instructions, the request for issuing authority letter for commutation has been sent to the Treasury Officer, Darbhanga. From the materials brought on record, it is clear that the reply from the Treasury Officer, Darbhanga has been sent to the Branch Manager, S.B.I., Darbhanga, who had earlier sought authority. The same was done on 14.10.2015 itself and even today the stand being that the request has been sent by the Bank, appears to be totally erroneous.

In view of the aforesaid, the writ petition stands disposed off with a direction to the respondent no. 5 to ensure that revalidated revised PPO is issued in favour of the petitioner within two weeks of a copy of this order being served on him. The respondent no. 5, shall also ensure that the revalidated revised PPO is sent to the petitioner at the address indicated in the writ petition. It is indicated that though copy of the writ petition was served on learned counsel for the respondent no. 5, but today, nobody is present to represent him before this Court. The respondent no. 6 shall also ensure that the actual payment is made to the petitioner in terms of the revalidated revised PPO within two weeks of the same being

Patna High Court CWJC No.16025 of 2015 dt.20-08-2016 3/3 received in his Branch and further, benefit of commutation of pension is also paid to the petitioner in terms of the authority sent by the Senior Treasury Officer, Darbhanga under letter No. 343 dated 14.10.2015 to him.

(Ahsanuddin Amanullah, J) P. Kumar U