Patna High CourtCWJC/11800/2014dismissed

Bibi Darudan v. The State Of Bihar And ORS

2017-03-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11800 of 2014 =========================================================== Bibi Darudan, wife of Late Abbul Hassan, resident of village - Lakhanpur, P.O. Lakhanpur, Police Station - Tarapur, District - Munger ( Bihar ) .... .... Petitioner

Versus

1. The State of Bihar

2. The Executive Engineer, Building Division, Sahebganj, District - Sahebganj

3. The Executive Engineer, Building Division, Bhagalpur, District - Bhagalpur

4. The District Treasury officer, Bhagalpur, District - Bhagalpur

5. The District Treasury Officer, Sahebganj, District - Sahebganj

6. The District Provident Fund Officer, Provident Fund Cell, Sahebganj, District - Sahebganj

7. The Accountant General (A & E)- II, Bihar, Beerchand Patel Marg, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate For the Respondent-AG : Mr. Vivekanand Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 20-03-2017 In the present writ application, the petitioner seeks a direction to be issued to the respondent authorities to pay interest to the petitioner on account of delay caused in paying her the family pension.

2. The husband of the petitioner was appointed on 21.07.1961 as Mixer Chalak (driver) in Building Division Department of the State of Bihar. After completion of 33 years of active service, he retired on 31.05.1996.

Patna High Court CWJC No.11800 of 2014 dt.20-03-2017 2 / 2

3. It is stated by the learned counsel for the petitioner that the husband of the petitioner died on 03.11.1998.

4. From the pleading of the parties, it would be evident that on receipt of sanction order and pension paper from the concerned department, the Accountant General authorized payment of pension, family pension, gratuity and leave travel allowance in the month of August, 1999 and the petitioner was paid the entire death-cum-retiral dues long back.

5. In the opinion of this Court, filing of the writ application for payment of interest after receiving the entire retiral dues more than a decade ago is thoroughly misconceived. Apparently, the claim is stale one.

6. Accordingly, the writ application is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.03.2017 Transmission Date NA