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.
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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,
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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
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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.)