Citation : 2025 Latest Caselaw 2031 Patna
Judgement Date : 27 February, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7055 of 2022
======================================================
Ramki Devi Wife of Late Satya Narayan Singh, Resident of Village -
Fatehpur, Police Station- Mahkar, District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through it Secretary Department of Home, Government
of Bihar, Patna.
2. The Superintendent of Police, B.M.P.- 10, Patna.
3. The Assistant Commandant, B.M.P.- 10, Patna.
4. The Accountant General (A and E), Bihar, Patna.
5. The Regional Manager, Punjab National Bank, Gaya.
6. The Branch Manager, Punjab National Bank, Nai Bazar, Gaya.
7. The Treasury Officer, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar with
Mr. Imran, Advocates
For the State : Mr. Manoj Kumar, AC to GP 4
For the A.G., Bihar : Ms. Ritika Rani, Adv.
=======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 27-02-2025
Heard the parties.
2. The petitioner is the widow of late Satya Narayan
Singh, who died in harness on 29.04.2019 while working as a
Constable. Despite unfortunate demise of the husband of the
petitioner, when the petitioner has not been extended the family
pension and arrears thereof, she approached this Court by filing
the present writ petition.
3. Pursuant to the direction of this Court, though
family pension in favour of the petitioner has been started with
effect from the month of October, 2024 but with respect to
arrears of family pension, the Senior Treasury Officer, Gaya
vide its letter contained in Memo No. 642 dated 05.04.2024
requested the Accountant General, Bihar to ensure sanction for Patna High Court CWJC No.7055 of 2022 dt.27-02-2025
payment of the same in the light of Rule 239 of the Bihar
Treasury Code, 2011. Since then, the matter is kept pending and
the petitioner has been deprived from her arrears of family
pension.
4. The materials available on record clearly
demonstrate that the arrears of family pension has already by
been calculated which comes to Rs.9,76,586/- but the same has
yet not been paid to the petitioner despite pendency of the writ
petition since 2022.
5. In view of the aforesaid facts, the Court is left with
no option but to direct the respondent nos. 4, 6 and 7 to ensure
payment of outstanding arrears of family pension, preferably
within a period of four weeks from today. In case no payment is
made, the petitioner shall be entitled to interest at the rate of 8%
per annum till the actual payment is made, which shall be
recovered from the erring officials.
6. With the aforesaid directions, the writ petition
stands allowed.
(Harish Kumar, J)
Anjani/-
AFR/NAFR CAV DATE Uploading Date 28.02.2025 Transmission Date
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