Neelam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.713 of 2020 ====================================================== Neelam Kumari W/o Late Dr. Binod Kumar Singh Resident of MohallaRajendra Nagar, near DAV School, P.S.- Chitraguptanagar, P.O.- Koshi College, District- Khagaria-851205 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health Govt. of Bihar, Patna 2.

The Secretary Department of Health Govt. of Bihar, Patna 3.

The Under Secretary Department of Health Govt. of Bihar, Patna 4.

The Accountant General Govt. of Bihar, Patna 5.

The Civil Surgeon Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Masleh Uddin Ashraf , Adv.

For the Respondent/s :

Mr. Ajay Bihari Sinha GA-8 For the A.G :

Mr. Kumar Priya Ranjan Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsel representing the petitioner, Accountant General and counsel for the State are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology. Heard the parties.

Counsel for the petitioner submits that though the admissible revision of pensionary benefits due to grant of ACP was sanctioned in favour of the petitioner in 2017 itself under

Patna High Court CWJC No.713 of 2020(4) dt.29-06-2020 2/3 order dated 23.03.2017, the final order sanctioning the same was forwarded to the Officer of the Accountant General as late as on 06.02.2020 by the Health Department vide Annexure- D. Counsel for the Accountant General submits that within 5 to 6 days of receiving of sanction order the revised P.PO in terms of the admissible benefits on account of ACP was issued on 11.02.2020 (Annexure R-4/C and R-4/D).

Upon instructions, today, petitioner's counsel submits that even after lapse of more than four months from issuance revised pension payment order, she has not received any actual payment till date.

The revised sanction order is dated 06.02.2020 issued by the Health Department. PPO has also been issued on 11.02.2020.

If the petitioner, has still not been paid the admissible dues on account of ACP, in terms of the PPO, dated 11.02.2020, till date, this Court would direct that the amounts due and admissible on account of ACP be paid to the petitioner within a period of two (02) weeks from the date of receipt/production of a copy of this order, failing which, the matter would be viewed seriously and the Authority of the State, found responsible for the same, would be exposing himself to the risk of contempt/

Patna High Court CWJC No.713 of 2020(4) dt.29-06-2020 3/3 reprimand.

The writ petition stands disposed off in the aforesaid terms.

(Madhuresh Prasad, J) shyambihari/- U