High Court Patna High Court - Orders

Sirtaj Devi vs The State Of Bihar & Ors on 8 July, 2011

Patna High Court – Orders
Sirtaj Devi vs The State Of Bihar & Ors on 8 July, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CWJC No.10518 of 2011
          Sirtaj Devi, wife of Late Yadunandan Sharma, resident
          of village Mokar, Police Station Jehanabad, District
          Jehanabad.
                  ...                     ...  Petitioner.
                                 Versus
     1.   The State Of Bihar
     2.   The Principal Secretary, Finance Department, Govt. of
          Bihar, Patna.
     3.   The Chief Engineer, Planning and Monitoring, Water
          Resources, Patna.
     4.   The Superintending Engineer, Planning and Monitoring
          Circle No.2, Water Resources Department, Govt. of Bihar,
          Patna.
     5.   The Accountant General of Bihar, Patna.
     6.   The Treasury Officer, Patna Secretariat, Patna.
                   ...                     ...  Respondents.
                              -----------

3. 8.7.2011. Heard learned counsel for the parties.

The petitioner’s husband, while

functioning as Junior Selection Correspondence

Clerk in the office of Executive Engineer,

Planning and Monitoring Division No.6, Water

Resources Department, Patna died on 10.10.1992.

After the death of her husband, petitioner

started to get family pension. Subsequently,

Second Time Bound Promotion was granted to her

husband with retrospective effect and thereafter,

authorization for pension and gratuity was made

vide Annexures 4 and 5 to the writ petition by

the Accountant General.

Learned counsel for the petitioner

submits that instead of sending authorization for

pension and gratuity to the Treasury Officer,
2

Patna Secretariat, it was addressed to Treasury

Officer, Patna and as such petitioner could not

get payment in view of Annexures 4 and 5.

On instruction, Shri S.M. Ehtesham,

learned counsel for the respondent/Accountant

General submits that steps are being taken and

same will be corrected very soon.

          In      view   of     the    stand    taken    by     Shri

Ehtesham,           learned           counsel          for       the

respondent/Accountant General, the court expects

that correction in authorization of pension and

gratuity relating to Annexures 4 and 5 shall be

done within a period of ten days from today.

Thereafter, court expects that payment will be

made without any delay.

The petitioner has further prayed for

directing the respondents to revise her family

pension in view of Government Resolution No.820

dated 23.9.2009 (Annexure-7 to the writ

petition). Shri Siya Ram Shahi, learned counsel

for the petitioner has specifically placed para

2(v) of the Government resolution dated

23.9.2009.

After going through the said provision,

the court is of the view that the respondents can

be directed to take immediate step to revise
3

family pension in the light of Annexure-7 to the

writ petition.

Accordingly, the respondents,

particularly respondent no.3/The Chief Engineer,

Planning and Monitoring, Water Resources

Department, Patna is directed to take all steps

for issuance of authorization after revising

family pension of the petitioner within a period

of two months from the date of receipt/production

of a copy of this order. The

respondentno.5/Accountant General, after receipt

of the sanction from the State authority, is

required to issue authorization within six weeks

from the date of receipt.

With above observation and direction, the

writ petition stands allowed.

N.H./                            ( Rakesh Kumar,J.)