Kanti Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.380 of 2018 ====================================================== Kanti Sinha, Wife of Late Premdhankar Prasad Sinha, Resident of Janta Road Amrundi Bagicha Near Bhojpur Vastralaya, new Yarpur, P.S.-Gardanibagh, Patna G.P.O., District-Patna (Bihar) PIN-800001 ... Petitioner

Versus

1. The State of Bihar through the Chief secretary, Old Secretariat, Government of Bihar, Patna.

2. The Principal Secretary, (Finance) Government of Bihar, Patna.

3. The Commissioner-Cum Secretary, Department of Finance (Establishment) Government of Bihar, Patna.

4. The Joint Secretary, Department of Finance, Government of BIhar, Patna.

5. The Under Secretary,Government of Bihar, Patna.

6. The Accountant General, Bihar, Patna ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Debanjan Chowdhary, Adv.

For the Respondents :

Mr. A.K. Rastogi, AAG X ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-12-2018 Heard the learned counsel for the petitioner, the learned counsel appearing for the State as well as the learned counsel appearing for the Accountant General, Bihar, Patna. A supplementary counter affidavit has been filed on behalf of the respondents 2, 3 and 4 in which at paragraph 5 it has been stated that vide Memo No. 5343, dated 16.07.2018, issued by the Finance Department, the revised pay of the husband of the petitioner has been fixed at Rs.10,100/-, and sent to the Accountant General, Bihar, Patna, which is at Annexure 'B' to the supplementary counter affidavit. It has also been stated that the revised family pension of the petitioner has been fixed at Rs.5,050/- and the same has been sent by the Finance Department vide Memo No. 8914, dated 07.12.2018, to the

Patna High Court CWJC No.380 of 2018(4) dt.19-12-2018 2/2 Accountant Genera, Bihar, Patna, which is at Annexure 'C' to the supplementary counter affidavit.

Learned counsel for the petitioner submits that the petitioner is also entitled to said revision of pension of her husband and also the arrears of family pension as per the said revision.

Considering the said facts, the present writ application is disposed off with a direction to the Accountant General, Bihar, Patna, to prepare a Pension Payment Order with regard to arrears of pension of the petitioner's husband as per the revision and also the family pension of the petitioner, including arrears, as per the revision and the same be sent to the Treasury Officer, Patna, within a period of two months, which would be deposited in the account of the petitioner within one month thereafter. (Nilu Agrawal, J) Shamshad/- U