Ku. Prerna Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1448 of 2019 Ku. Prerna Pandey D/o Shri Nand Kumar Pandey, Aged About 19 Years, Occupation Student, C/o Bharti Pandey, Ward No. 3, Near Shashti Temple, Civil Lines Balodabazar, District- BalodabazarBhatapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh

2. Collector, Bemetara, District- Bemetara, Chhattisgarh

3. District Education Officer, Bemetara, District- Bemetara, Chhattisgarh

4. Joint Director, Account Treasury And Pension Durg, Division Durg, District- Durg, Chhattisgarh

5. State Bank Of India Through Branch Manager, SBI Branch Bemetara, District- Bemetara, Chhattisgarh ---- Respondents For Petitioner :

Mr. Sunil Sahu, Advocate For State :

Ms. Sunita Jain, Govt. Advocate For Respondent no.5 :

Mr. P. R. Patankar, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 07.03.2019 The present writ petition has been filed seeking relief of an appropriate direction to the respondents to disburse the family pension directly in favour of the petitioner.

2.

The present is a second round of litigation. The petitioner had on an earlier occasion filed a writ petition i.e. WPS No. 2487 of 2018 for the same relief which got disposed of on 18.07.2018 in the light of the reply of the State Govt. who had acceded to the request of the petitioner for releasing family pension directly to the petitioner.

3.

The present writ petition has been filed alleging that there has been repeated correspondence made by the State authorities in favour of the petitioner but respondent no.5 has not acted upon the request and directions made by the State officers. The petitioner drew the attention of this Court to the latest correspondence made by the Block Education Officer to the Branch Manager of respondent no.5 dated 08.02.2019 directing the bank authorities to release the pension directly in the name of the petitioner as she has attained the age of majority.

4.

Given the fact that the State authorities have already made necessary correspondence in favour of the petitioner and a letter has also been issued to the concerned bank authorities, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet if respondent no.5 is directed to immediately take steps and to act upon the directives and request made by the Block Education Officer and the District Education Officer ensuring that the family pension payable on the death of Smt. Pushpa Panday, mother of the petitioner be released to the petitioner forthwith. It is further directed that the respondents should also immediately discontinue the release of such payment to Shri Nand Kumar Panday i.e. father of the petitioner. Let this compliance be done within a period of 30 days from the date of receipt of copy of this order.

5.

The petitioner as well as the respondent no.3 is directed to ensure that necessary communication so far as the order passed by this Court is concerned is made to respondent no.5 for necessary compliance. The counsel for the State Bank of India is also directed to communicate the order of this Court to respondent no.5 for necessary compliance. The Writ Petition accordingly stands allowed and disposed of. Sd/- P. Sam Koshy Judge Khatai