Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13219 of 2023 ====================================================== 1.

Rubi Devi Wife of Late Brij Kishore Pandey, resident of Village-Dariyapur Kafen, P.S.-Kurhani, District-Muzaffarpur.

2.

Jyoti Kumari, D/o Late Brij Kishore Pandey, resident of Village-Dariyapur Kafen, P.s.-Kurhani, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education, Govt. of Bihar, Patna. 3.

The District Education Officer, Muzaffarpur.

4.

The District Programme Officer (Establishment), Muzaffarpur. 5.

The Accountant General, Bihar, Patna.

6.

The Treasury Officer, Muzaffarpur.

7.

The Head Master, Gandi Janki HIgher Secondary School, Bhataura, P.S. Sadar, District Muzaffarpur.

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

For the Petitioner/s :

Mr .Md. Anisur Rahman, Adv.

For the Respondent/s :

Mr. Prabhakar Jha, GP 27 For the A.G.

:

Ms. Nivedita Nirvikar, Sr. Adv.

======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-01-2024 Heard Mr. Md. Anisur Rahman, learned counsel appearing on behalf of the petitioners; Mr. Prabhakar Jha, learned counsel for the State and Ms. Nivedita Nirvikar, learned senior counsel appearing on behalf of the Accountant General.

2. On the last occasion when the matter was taken up on 21.12.2023, this Court having accepted the averments made in the supplementary counter affidavit filed on behalf of the District Programme Officer (Establishment), Muzaffarpur had

Patna High Court CWJC No.13219 of 2023 dt.08-01-2024 2/3 taken note of the fact that after due verification of the documents submitted by the petitioners, the name of petitioner No. 1 (Rubi Devi) has been included in the PPO bearing No. 201211051274 issued in favour of the erstwhile deceased employee and the necessary sanction order has also been issued and sent to the office of the Accountant General, Bihar, Patna vide letter No. 2494 dated 12.12.2023.

3. Taking note of the aforesaid fact, an undertaking was given on behalf of the Accountant General that on receipt of the sanction order, necessary authority letter shall be issued, in accordance with law.

4. Today, when the matter is taken up, learned senior counsel for the Accountant General, Bihar submits at the Bar that the sanction letter issued by the District Programme Officer (Establishment), Muzaffarpur is not in accordance with law and, thus, the Accountant General, Bihar, Patna is facing difficulty in making payment.

5. This Court is surprised to see such kind of submission. Once the sanction order has been issued by the District Programme Officer (Establishment), Muzaffarpur and the same has been brought on record, there should not be any impediment or unnecessary objection on the part of the

Patna High Court CWJC No.13219 of 2023 dt.08-01-2024 3/3 Accountant General, Bihar to proceed further. Thus, this Court is left with no option but to direct the Accountant General, Bihar to issue authority letter on the basis of the sanction order issued by the District Programme Officer (Establishment), Muzaffarpur, forthwith.

6. In view thereof, the present writ petition stands disposed of.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 10.01.2024 Transmission Date