Patna High Court
Rubi Devi vs The State Of Bihar on 8 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13219 of 2023
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1. Rubi Devi Wife of Late Brij Kishore Pandey, resident of Village-Dariyapur
Kafen, P.S.-Kurhani, District-Muzaffarpur.
2. Jyoti Kumari, D/o Late Brij Kishore Pandey, resident of Village-Dariyapur
Kafen, P.s.-Kurhani, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Director, Secondary Education, Govt. of Bihar, Patna.
3. The District Education Officer, Muzaffarpur.
4. The District Programme Officer (Establishment), Muzaffarpur.
5. The Accountant General, Bihar, Patna.
6. The Treasury Officer, Muzaffarpur.
7. The Head Master, Gandi Janki HIgher Secondary School, Bhataura, P.S.
Sadar, District Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr .Md. Anisur Rahman, Adv.
For the Respondent/s : Mr. Prabhakar Jha, GP 27
For the A.G. : Ms. Nivedita Nirvikar, Sr. Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 08-01-2024
Heard Mr. Md. Anisur Rahman, learned counsel
appearing on behalf of the petitioners; Mr. Prabhakar Jha,
learned counsel for the State and Ms. Nivedita Nirvikar, learned
senior counsel appearing on behalf of the Accountant General.
2. On the last occasion when the matter was taken up
on 21.12.2023, this Court having accepted the averments made
in the supplementary counter affidavit filed on behalf of the
District Programme Officer (Establishment), Muzaffarpur had
Patna High Court CWJC No.13219 of 2023 dt.08-01-2024
taken note of the fact that after due verification of the
documents submitted by the petitioners, the name of petitioner
No. 1 (Rubi Devi) has been included in the PPO bearing No.
201211051274 issued in favour of the erstwhile deceased
employee and the necessary sanction order has also been issued
and sent to the office of the Accountant General, Bihar, Patna
vide letter No. 2494 dated 12.12.2023.
3. Taking note of the aforesaid fact, an undertaking
was given on behalf of the Accountant General that on receipt of
the sanction order, necessary authority letter shall be issued, in
accordance with law.
4. Today, when the matter is taken up, learned senior
counsel for the Accountant General, Bihar submits at the Bar
that the sanction letter issued by the District Programme Officer
(Establishment), Muzaffarpur is not in accordance with law and,
thus, the Accountant General, Bihar, Patna is facing difficulty in
making payment.
5. This Court is surprised to see such kind of
submission. Once the sanction order has been issued by the
District Programme Officer (Establishment), Muzaffarpur and
the same has been brought on record, there should not be any
impediment or unnecessary objection on the part of the
Patna High Court CWJC No.13219 of 2023 dt.08-01-2024
Accountant General, Bihar to proceed further. Thus, this Court
is left with no option but to direct the Accountant General, Bihar
to issue authority letter on the basis of the sanction order issued
by the District Programme Officer (Establishment),
Muzaffarpur, forthwith.
6. In view thereof, the present writ petition stands
disposed of.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 10.01.2024
Transmission Date
