Patna High Court
Pyare Sah vs The State Of Bihar on 9 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6652 of 2020
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Pyare Sah Son of Late Kailash Sah Resident of Village-Saidabad, P.S. Pali,
District-Jahanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Works Department,
Government, Patna.
2. The Accountant General (A and E), Bihar at Patna.
3. The Engineer-in-Chief, Rural Works Department, Biswasaraiya Bhawan,
Bailey Road, Patna.
4. The Chief Engineer-III, Rural Works Department, Biswasaraiya Bhawan,
Bailey Road, Patna.
5. The Superintending Engineer, Rural Works Department, Works Circle-2 at
Chapra, District-Saran
6. The Superintending Engineer, Rural Works Department, Works Circle at and
District-Siwan
7. The Treasury Officer, Jehanabad
8. The Branch Manager, Panjab Narional Bank, Jahanabad Branch, Jahanabad.
9. Kanti Devi Wife of Pyare Sah Resident of Village-Saidabad, P.S. Pali (Kako)
District-Jahanabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bhola Kumar, Advocate
For the State Ms. Bhawna Singh, AC to GA 5
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 09-07-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents through video conference. Learned
counsel for the petitioner hereby undertakes that all defects
pointed out by the stamp reporter shall be removed, and
compliance with the conditions of the notices of this Court with
regard to acceptance of e-filing shall be made, without delay
Patna High Court CWJC No.6652 of 2020 dt.09-07-2021
immediately upon resumption of normal physical functioning
of the Court, and in any event within one month thereof.
2. The present writ petition has been filed for the
following reliefs as formulated by the petitioners--
(A) For directing the respondents
concerned to pay 67% pension to the
petitioner after deducting one third amount
from his pension in the terms of the
direction of the Hon'ble Supreme Court
contained in Annexure-4.
(B) For directing the respondents
concerned to pay arrears of pension with
effect from 01.07.2010 to 30.06.2015
amounting to Rs.10,71,962/- with interest
and at the revised rate fixed by the 7th Pay
Commission.
(C) To pass any other order/s direction/s
which your Lordships deem fit and proper
in the facts and circumstance of the case."
3. The short facts of the case, according to the petitioner,
are that his wife (respondent no.9) had filed CWJC No. 1456 of
2011 for apportionment of his pension which was allowed to
the extent of 50% in her favour. The petitioner successively
challenged the order in LPA No. 240 of 2016, Civil Review No.
181 of 2017 and finally SLP (Civil) Diary No. 40192 of 2017
which was disposed of on 19.02.2018 with the modification
Patna High Court CWJC No.6652 of 2020 dt.09-07-2021
that the petitioner's wife would receive one-third of the pension
instead of 50% by way of maintenance and that the petitioner
would take care of the marriage expenses of his daughter.
4. Learned counsel for the petitioner therefore submits
that the bank officials have not given effect to the order of the
Hon'ble Supreme Court and are still not making payment of
67% of the pension to the petitioner together with arrears of
pension. He has filed a representation before the Branch
Manager, Punjab National Bank, Jehanabad (respondent no.8)
but the same remains pending.
5. Learned counsel for the State appears and has been
heard.
6. Having regard to the nature of the grievance of the
petitioner, the writ petition is disposed of, granting liberty to
the petitioner to file a fresh representation before the concerned
authority within a period of four weeks from today. If any such
representation is filed, the same shall be considered and
disposed of in accordance with law after grant of an
opportunity of hearing to the petitioner, within a further period
of eight weeks thereafter. To facilitate disposal, the petitioner
shall furnish his mobile number and email ID to the concerned
respondent within a week from today.
Patna High Court CWJC No.6652 of 2020 dt.09-07-2021
7. It is made clear that in view of the ongoing Covid-19
pandemic, any correspondence between the parties may be
made through email and the petitioner shall be at liberty to
request for hearing through video conference.
8. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are
made by the petitioners within the stipulated time provided in
para 1 hereinabove, failing which the matter shall be brought to
the notice of this Court.
(Vikash Jain, J)
HR/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 13.07.2021
Transmission Date N/A
