IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11695 of 2011
Santosh Kumar, Son of Late Jwala Prasad, Resident of Mohalla -
L.I.C. Campus, P.O. - Mahdewa Road, P.S. & District - Siwan, the
retired Junior Engineer, Minor Irrigation Division, Sitamarhi. .
----------- Petitioner
Versus
1. The State Of Bihar
2. The Principal Secretary, Water Resources Department, Govt. of
Bihar, Patna.
3. The Chief Engineer (North), Minor Water Resources Department,
Muzaffarpur.
4. The Executive Engineer, Minor Irrigation Department, Minor
Irrigation Division, Sitamarhi.
5. The Assistant Engineer, Minor Irrigation Sub-Division West,
Sitamarhi.
6. The Treasury Officer, Sitamarhi, District - Sitamarhi.
-------- Respondents
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2 20.07.2011 Heard Sri Pushpendra Kumar Singh, learned counsel for
the petitioner and Sri Prabhat Kumar, learned AC to GA No. 2.
In the present case, the petitioner has made a limited
prayer for directing the respondents particularly respondent no.
6/Treasury Officer, Sitamarhi, to take steps on the basis of
authorization issued by the Accountant General, Bihar, Patna, in
respect of pension, gratuity and commutation of pension vide
Annexure -5 series to the writ petition and also make immediate
payment.
Learned counsel for the petitioner has drawn my attention
to Annexure – 5 series to the writ petition whereby authorization in
respect of pension, gratuity and commuted value of pension was made
on 19.07.2010.
The petitioner in paragraph no. 17 of the writ petition has
made specific assertion that after authorization he contacted
2
respondent no. 6, but till date, no step has been taken by respondent
no. 6 for transmitting the amount authorized by the Accountant
General, Bihar, Patna to the Account of the petitioner.
In view of the fact that authorization was issued long back
in the month of July, 2010 and payment has not been made till date, it
is apt to allow the writ petition at this stage.
Accordingly, the writ petition stands allowed directing the
respondent no. 6/Treasury Officer, Sitamarhi to take immediate step
for transmitting the sanctioned amount to the Account of the petitioner
within a period of three weeks from the date of receipt/production of a
copy of this order.
It is further made clear that petitioner shall be entitled to
get interest on the amount authorized by the Accountant General,
Bihar, Patna and received in the office of Treasury Officer, Sitamarhi.
Interest is to be paid to the petitioner on authorized amount from the
date of receiving of authorization i.e. Annexure – 5 series in the office
of Treasury Officer, Sitamarhi till the date of payment. The interest on
the amount authorized shall be charged as per the rate applicable on
the saving bank account (SB A/c) of a nationalized bank. The interest
amount shall be recovered from the pocket of respondent no.
6/Treasury Officer, Sitamarhi.
The writ petition stands allowed.
( Rakesh Kumar, J.)
Praful