Srinath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 15714 of 2017 ====================================================== Srinath Singh, Son of late Hirak Singh, Resident of Village - Panchrukhia, Police Station - Piro, District - Bhojpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Director, Education Department, Government of Bihar, Patna 2.

The District Education Officer, Bhojpur at Ara. 3.

The Block Development Officer, Piro, Bhojpur at Ara. 4.

The Accountant General, Veer Chand Patel Marg, Patna. 5.

The Chief Manager, State Bank of India, Centralized Pension Processing Centre, Patna.

6.

7.

The Branch Manager, State Bank of India, Hasan Bazar, Bhojpur. The Treasury Officer, Bhojpur, Ara ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Ranjan Kumar Singh, Advocate For the S t a t e :

Ms Abhanjali, AC to GA XII For Accountant General :

Mr Jitendra Kr Roy, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-05-2019 Matter has been listed today in the Summer Vacations as the learned counsel for the petitioner was desirous for consideration of his case during vacation.

The slip for listing was filed pursuant to notice dated 08th May 2019, published prior to the vacation. Matter is, accordingly, taken up for consideration as both parties are present and willing to assist the Court for disposal of the matter.

It is submitted by the petitioner's counsel that in view

Patna High Court CWJC No.15714 of 2017(3) dt.20-05-2019 2/3 of demise of original petitioner Srinath Singh (husband of the petitioner) on 03.03.2018, application for substitution bearing IA No 3780 of 2018 has been filed. Wife of the original petitioner Saraswati Devi, details of which has been provided in paragraph 4 of the IA, be substituted in place of the original petitioner.

IA No 3780 of 2018 stands allowed.

Learned counsel for the petitioner is permitted to implead Treasury Officer, Bhojpur, Ara as respondent No 7. Heard learned counsel for the petitioner and the respondents.

It is common submission of the parties that the action is to be taken by the Treasury Officer in terms of Communication dated 16.09.21016 issued by the State Bank of India, Hasan Bazar Branch to ensure the payment of arrears of pension of the petitioner's husband with effect from 01.09.2008 to 30.06.2015.

Since the action is to be taken by the Treasure Officer in this regard in terms of the communication of the State Bank of India, it is submitted that directions may be issued to the Treasury Officer (respondent No 7).

In view of the submission of the parties, this writ

Patna High Court CWJC No.15714 of 2017(3) dt.20-05-2019 3/3 petition need not be kept pending.

The newly added respondent No 7, the Treasury Officer, Bhojpur at Ara is directed to take the appropriate action in accordance with law pursuant to communication dated 16.09.2016 issued by the State Bank of India, Hasan Bazar Branch so as to ensure payment of arrears of pension to the petitioner expeditiously and preferably within three months from the date of receipt/production of a copy of this order. It is made clear that if any action is warranted from respondent No 4, then respondent No 4 should also take appropriate steps in accordance with law to ensure that the due and admissible amount of arrears is paid to the petitioner within the aforesaid period.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U