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Patna High CourtCWJC/5593/2018disposed

Smt. Chinta Sharma v. The Union Of India And ORS

2018-12-18Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5593 of 2018 ====================================================== Smt. Chinta Sharma, aged 56 years Wife of late Sant Lal Sharma Ex Clerk of India Army, Resident of Village and Post Mathurapur, P.S. Warishnagar, District- Samastipur.

... ... Petitioner/s

Versus

1. The Union of India through Assistant Commissioner (Finance) Kendriya Vidyalaya Sangathan, Regional Office, P.O. Lohia Nagar, Kankarbagh, District Patna- 800020

2. The Deputy Commissioner (Finance) and P.O. Kendriya Vidyalaya Sangathan (HQ) 189, Imitational Area, Sahidjeet Singh Marg,New Delhi- 110016

3. The Controller of Defence Accounts (Pension) Draupadighat, Allahabad 211014

4. The Secretary, Government of India, Ministry of Defence, Department of Ex Service Man Welfare, New Delhi.

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

For the Petitioner/s :

Mr. Ramnandan Kr. Sinha Mr. Nilesh Kumar Nirala, adv.

For the Respondent/s :

Mr. G.K. Agrawal, Adv.

Mr. Kumar Ravish, Adv.

For the Union of India : Mr. Arvind Kumar Tewary, CGC ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 18-12-2018 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Union of India, Ministry of Defence and learned counsel for the Kendriya Vidyalaya Sangathan.

2. A supplementary counter affidavit has been filed by the counsel for the Kendriya Vidyalaya Sangathan stating therein that the family pension of the petitioner has been fixed from the Kendriya Vidyalaya Sangathan also w.e.f. 24.09.2012 to the petitioner, who is the wife of Late Sant Lal Sharma, Ex- Group D

Patna High Court CWJC No.5593 of 2018 dt.18-12-2018 2/2 employee of the Kendriya Vidyalaya Sangathan. He submits that a letter has been issued to the Branch Manager of the State Bank of India, Main Branch at Delhi dated 9/14.08.2018 for payment of the same to the petitioner, which is Annexure-D series to the counter affidavit.

3. Considering the statement made by the counsel for the Kendriya Vidyalaya Sangathan, this writ application is disposed of with a direction to the State Bank of India, Main Branch, New Delhi to make payment of the family pension to the petitioner, who is wife of Late Sant Lal Sharma within a period of four months from the date of receipt/production of a copy of this order. It goes without saying that even if the Bank has to make payment of the family pension to the petitioner out of turn, the same shall be done.

(Nilu Agrawal, J) Rajesh/pragya AFR/NAFR NAFR CAV DATE NA Uploading Date 19.12.2018 Transmission Date NA