Patna High Court
Chintamani Devi vs The State Of Bihar on 8 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5767 of 2023
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Chintamani Devi Wife of Late Birenda Kumar Sharma, Resident of Village-
Sanda, P.S.-Islampur, District-Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Road Construction
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Road Construction Department, Govt. of Bihar,
Patna.
3. The Engineer-in-Chief-cum-Special Secretary, Road Construction
Department, Govt. of Bihar, Patna.
4. The Director, Provident Fund Directorate, Pant Bhawan, Patna.
5. The Accountant General, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the State : Mr. Swapnil Kumar Singh, AC to GP-19
For Accountant General : Mr. Binod Kumar Labh, Adv.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 08-08-2023
Heard Mr. Sanjay Kumar, learned counsel appearing on
behalf of the petitioner, Mr. Swapnil Kumar Singh, learned
counsel appearing on behalf of the State and Mr. Binod Kumar
Labh, learned counsel appearing on behalf of the Accountant
General.
2. Learned counsel appearing on behalf of the petitioner
informs that no departmental proceeding was pending against the
petitioner and her deceased husband namely Late Birendera
Kumar Sharma, had retired on 30.06.2002 and died on 23.05.2019.
Patna High Court CWJC No.5767 of 2023 dt.08-08-2023
The petitioner is indignant of non-payment of due amount of
pension of her husband. He further submits that no departmental
proceeding was pending against the deceased employee. The
petitioner is entitled to entire amount due to her deceased husband
from the date of his retirement till his death and family pension is
required to be paid from year 2017 to the petitioner being the
legally wedded wife of the deceased employee.
3. Learned counsel further submits that petitioner is now
residing in the State of Jharkhand and she has attained the age of
more than 66 years and she finds difficulty in sustaining herself in
want of family pension being paid to her even though her husband
had died in the year 2017.
4. Learned counsel seeks to file detail representation
before the Engineer-in-Chief-cum-Special Secretary, Road
Construction Department, Government of Bihar, Patna, respondent
no. 3.
5. The Engineer-in-Chief-cum-Special Secretary, Road
Construction Department, Government of Bihar, Patna, respondent
no. 3 is directed to dispose of the representation of the petitioner
and ensue that petitioner is paid entire dues and family pension on
account of the death of her husband in accordance with law. He
must direct the competent authority to sanction the pension of the
Patna High Court CWJC No.5767 of 2023 dt.08-08-2023
deceased employee and family pension of the petitioner for its
fixing by the Accountant General, Bihar within a period of three
weeks from the date of filing of the representation. He must also
ensure to communicate to the competent authority of the State of
Jharkhand where the petitioner is residing for payment of retiral
dues and family pension.
7. The Accountant General, Bihar is directed to fix the
family pension of the petitioner within a further period of three
weeks from the date of receipt of sanction letter and must ensure to
send it to the Treasury Officer, Patna/Jharkahnd from any place
where the petitioner wants for payment of family pension in her
account.
8. The concerned Treasury Officer must forthwith credit
the amount of family pension into the account furnished by the
petitioner.
9. With the above observation and direction the writ
petition stands disposed of.
(Purnendu Singh, J)
pravinkumar/-
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