Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13626 of 2023 ====================================================== Geeta Devi, W/o Asheswar Prasad Singh, R/o Ward No-2, Vill- Arout Jahangirpur Arout, District- Samastipur Pin-848210. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Public Health and Engineering Department Government of Bihar, Patna. 2.

The Engineer in Chief, Public Health and Engineering Department Government of Bihar, Patna.

3.

The Special Secretary, Public Health and Engineering Department Government of Bihar, Patna.

4.

The Executive Engineer, Public Health and Engineering Department Government of Bihar, Patna.

5.

The Principal Accountant General, Bihar, Patna. 6.

The Senior Accounts officer, Office of the Principal Accountant General, Bihar Patna.

7.

The Assistant Accounts officer, office of the Principal Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Advocate For the Respondent/s :

Mr. S. Raza Ahmad (AAG-5) Mr. Bijoy Kumar Sinha, AC to AAG-5 For the A.G.(A&E) Bihar:

Mr. Binod Kumar Labh, (I.A. & A.D.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-01-2024 The petitioner, a hapless widow of late Asheswar Prasad Singh, who died in harness on 12.07.1998 while working as Godown Chaukidar, has filed the present writ petition, seeking a direction upon the respondent to ensure payment of family pension to the petitioner, alongwith other consequential benefits.

2. In compliance of the order of this Court, a counter affidavit as well as supplementary counter affidavit has been

Patna High Court CWJC No.13626 of 2023(5) dt.04-01-2024 2/2 filed on behalf of respondent no. 5, 6 and 7.

3. It is submitted that in the light of the letter of the Executive Engineer, Public Health Division, Samastipur dated 22.11.2023 alongwith the sanction order and other required documents, pension payment authority has already been issued and sent to the Treasury Officer, Samastipur for payment of family pension to the petitioner.

4. It is submitted on behalf of the petitioner that till date the arrears of family pension has not been credited in the account of the petitioner.

5. Considering the materials available on record, specially the averments made in the supplementary counter affidavit filed on behalf of respondent no. 5, 6 and 7, the present writ petition stands disposed off with a direction to the Treasury Officer, Samastipur to ensure payment of family pension and other dues preferably within a period of 4 weeks from the date of receipt/ production of a copy of this order.

6. Needless to observe that in case of defiance of the order of this Court, the petitioner shall be entitled to penal interest @ 8% over the due amount, which shall be recovered from the erring official, from his own pocket. (Harish Kumar, J) supratim/- U