Most. Lilawati Devi v. Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10650 of 2018 ====================================================== Most. Lilawati Devi Wife of Late Bijay Kumar Soarnkar, Resident of VillagePanchayat Bankat Puraina, Ward No.6, P.O.- Puraina Gosai, P.S.- Chanpatia, District- West Champaran Bihar- 845449.

... ... Petitioner

Versus

1.

Union Of India 2.

Captain, Record Officer for Officer Commanding Recors, Topkhana Abhilekh, Artilary Records, Nasil R 3.

State of Bihar through Principal Secretary Finance Department, Patna. 4.

Treasury Officer, West Champaran.

5.

State Bank of India through Branch Manager, Chanpattia Branch, SBI, P.S.- Chanpattia, West Champara ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. S.S.Thakur, Advocate Mr. Arvind Kumar, Advocate For the UoI :

Mr. S.D.Sanjay, Addl.S.G.

Mr. R.K.Sharma, CGC For the Respondent State:

Mr. Raghwendra Kumar, SC-22 Mr. Vipin Kumar Singh, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2020 The petitioner's husband was working as a Gunner in Indian Army in Artillery Record, Topkhana Abhilekh, when he died in an accident. The petitioner was allowed family pension consequent upon the demise of her husband. With a grievance that she has not been paid some of the pensionary benefits, which she was legally entitled to, present writ application has been filed.

A counter affidavit has been filed on behalf of Union of India dealing with the entitlements of the petitioner. A

Patna High Court CWJC No.10650 of 2018(9) dt.21-01-2020 2/2 counter affidavit has also been filed on behalf of the Treasury Officer, West Champaran, dealing with the payments which have been made to the petitioner against death-cum-retiral dues. In response to the said counter affidavits, a rejoinder has been filed on behalf of the petitioner making following statement in paragraph 6 : - "6. That the petitioner has got calculated all her dues from 1996 to June 2011 from which it is clear that altogether Rs.5,43,643/- was to be paid, out of which Rs.3,17,761/- accrued from January 2006 to June 2011 and Rs.2,25,882/- accrued from January 1996 to December 2005. The Bank has paid only Rs.5,01,408/- and hence Rs.42,235/- still remains to be paid."

As the grievance of the petitioner has been substantially redressed, this application is disposed of with an observation that let the petitioner's claim for payment of a sum of Rs.42,235/-, as claimed in paragraph 6 of the reply, be considered by the State Bank of India and if she is found entitled to the said amount, the same be credited in her account without any delay.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U