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Patna High CourtCWJC/19198/2019disposed

Shamshad Begam v. The State Of Bihar

2022-12-13The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19198 of 2019 ====================================================== Shamshad Begam, D/o Nayeim Uddin, resident of Village- Dakara, P.S.- Makhdumpur, District- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Jehanabad. 2.

Then Treasury Officer, Jehanabad.

3.

The District Program Officer, Jehanabad.

4.

The District Education Officer, Jehanabad.

5.

The Zonal Manager, Bank of India, Patna.

6.

The Regional Manager, Bank of India, Jehanabad. 7.

The Chief Branch Manager, Bank of India, Makhdumpur Branch, Jehanabad.

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

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Respondent/s :

Mr.Anil Kumar Singh (GP26) Mr. Sanjay Kumar Bharti, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-12-2022 The petitioner has prayed for the following relief/s :- "For issuance of an appropriate writ/writs direction/directions, order/orders to the respondent authorities to transfer the family pension amount from the account of her late mother Marium Khatoon bearing Account No. 447812100011108 of Bank of India Makhdumpur Branch to the account of the petitioner bearing Account No. 447812100014788 of Bank of India Makhdumpur Branch as she is the legal heir of her late mother namely Marium

Patna High Court CWJC No.19198 of 2019(3) dt.13-12-2022 2/3 Khatoon and further for a direction to the authority to pay interest at market rate on nonpayment/transfer of money causing loss to the petitioner."

Learned counsel appearing for Bank of India (respondent Nos.5, 6 and 7, namely, the Zonal Manager, Bank of India, Patna; the Regional Manager, Bank of India, Jehanabad and the Chief Branch Manager, Bank of India, Makhdumpur Branch, Jehanabad respectively), states that if only the petitioner were to make herself available in the office of respondent No.7, namely, the Chief Branch Manager, Bank of India, Makhdumpur Branch, Jehanabad and complete all formalities, as are required under law, the amount of pension shall be remitted forthwith into the petitioner's bank account. Learned counsel for the State states that there is no dispute with regard to (a) the petitioner's entitlement; (b) petitioner being the sole surviving legal heir of deceased employee, namely, Nayeim Uddin; (c) the said employee being a government employee; and (d) entitle to the pensionary benefits.

The instant petition stands disposed of with the following mutually agreeable terms :- (a) Petitioner shall make herself available in the office of respondent No.7, namely, the Chief Branch Manager, Bank of

Patna High Court CWJC No.19198 of 2019(3) dt.13-12-2022 3/3 India, Makhdumpur Branch, Jehanabad on 20.12.2022 at 11.00 a.m. when she would be apprised of all the formalities which are required to be completed; and (b) With the completion of all formalities, the amount payable as pension in favour of her late father, shall be directly remitted to petitioner's bank account.

Petition stands disposed of in the aforesaid terms with liberty to the petitioner to revive the petition should the need so arise.

Interlocutory application, if any, stands disposed of. (Sanjay Karol, CJ) ( Partha Sarthy, J) Ashwini/Sujit U