High Court Patna High Court - Orders

Santosh Kumar vs The State Of Bihar & Ors on 20 July, 2011

Patna High Court – Orders
Santosh Kumar vs The State Of Bihar & Ors on 20 July, 2011
                   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
                                   -----------

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