Patna High Court
Amar Kumar Mishra vs The State Of Bihar on 27 February, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3703 of 2024
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Amar Kumar Mishra Son of Late Babu Lal Mishra Resident of Hasanganj
Road Mirjanhat, Police Station- Mojahidpur, District- Bhagalpur- 812005.
... ... Petitioner/s
Versus
1. The State Of Bihar Bihar.
2. The Chief Election Officer, Bihar, Patna.
3. The Assistant Chief Electoral Officer, Bihar, Patna.
4. The Treasury Officer, Bhagalpur.
5. The Principal Accountant General (A and E), Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Dr. Manoj Kumar, Adv.
For the State : Mr. Madanjeet Kumar, GP 20
For the ECI : Mr. Siddhartha Prasad, Adv.
For the AG, Bihar : Mrs. Nivedita Nirvikar, Sr. Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 27-02-2025
Heard the parties.
2. The father of the petitioner superannuated from post
of Section Officer on 31.03.1997 from the office of Chief
Electoral Officer, Bihar, Patna and later on died on 13.10.2018.
However, despite lapse of over two decades when he has not
been accorded his rightful dues of arrears of pension, he moved
before all the concerned authorities but to no avail and now the
son of the petitioner is pursuing the claim of his father and
seeking a direction upon the respondents to issue authorization
letter and to ensure payment of arrears of pension/family
pension in the revised scale of the deceased father and mother.
Patna High Court CWJC No.3703 of 2024 dt.27-02-2025
2/3
3. Learned Advocate for the Accountant General,
Bihar, Patna has apprised this Court that the authority letter in
favour of the petitioner has already been issued way back on
13.12.2024
, copy of which has also been sent to the concerned
Treasury Officer, Bhagalpur.
4. Learned Advocate for the State submits at the Bar
that since the authority letter has already been issued and sent to
the Treasury Officer, necessary payment shall be made in
accordance with law.
5. Learned Advocate for the petitioner informs this
Court that till date no payment has been made.
6. Considering the materials available on record and
the submissions advanced on behalf of the learned Advocates
for the respective parties, this Court deems it appropriate to
dispose of the writ petition with a direction to the Treasury
Officer, Bhagalpur to ensure payment of all the admissible
amount, for which the authority letter in respect of life time
arrears of pension and family pension has already been issued
on 13.12.2024, preferably within a period of four weeks from
the date of receipt/production of a copy of this order.
7. Suffice it to observe that in case of any delay, the
petitioner shall be entitled to interest @ 6% per annum over the
Patna High Court CWJC No.3703 of 2024 dt.27-02-2025
delayed amount, which shall be recovered from the erring
officials
8. The writ petition stands disposed of with the
aforesaid directions.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 28.02.2025
Transmission Date
