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Patna High Court · body

1991 DIGILAW 362 (PAT)

Lal Muni Devi v. State of Bihar

1991-09-06

B.C.BASAK, R.N.SAHAY

body1991
Order Pursuant to the directions given by this Court Mr. Devi Prasad, learned Counsel appearing on behalf of the Accountant General has stated that a duplicate authority slip has been handed over to the learned Counsel for the petitioner which learned counsel for the petitioner acknowledges. 2. The only dispute now left is the quantum of the family pension and gratuity. Respondent no. 3 is directed to complete all the documents regarding gratuity and send the same to the office of the Accountant General within a period of seven days from this date. The Accountant General, after examination of the same shall issue the necessary authority slip within the period of a fortnight from the date of receipt of the report from Respondent no. 3. 3. So far the family pension is concerned, the petitioner disputes the quantum of the family pension. Both Respondent no. 3 and the Accountant General are directed to furnish a statement to the petitioner giving details on the basis of which such quantum has been fixed. These statements be sent to the petitioner within a period of a fortnight from the date of receipt of the copy of this order. After receipt of such statement regarding family pension, the petitioner shall be entitled to submit a representation within a period of a fortnight from the receipt of such statement. Such representation is to be disposed of by the authority concerned within a period of one month from the date of receipt of such representation. 4. So far the interest is concerned, reference may be made to the order dated 26th of June 1990 read with the order dated 23rd of May 1991. The interest at the rate of 18% per annum be paid to the petitioner to be calculated from the date of retirement to the date of payment on all dues. The interest shall also be paid on the family pension and gratuity at the same rate. Respondent no. 3 is directed to pay all the dues with interest within a fortnight from the date of receipt of the copy of this order. 5. The interest shall also be paid on the family pension and gratuity at the same rate. Respondent no. 3 is directed to pay all the dues with interest within a fortnight from the date of receipt of the copy of this order. 5. So far as the cost is concerned, in this case the petitioner had retired in the year 1976 and died in February; 1980 but the "generous" government authorities did not consider it fit and proper to settle his pension and family pension for the last fourteen years on some pretexts which have no basis at all. Accordingly we direct the assessed cost of Rs. 2.500/- (Twenty five hundred) be paid to the petitioner. The cost directed to be paid is to be paid by the Respondent and other than the Accountant General. 6. However, the authority concerned is directed to cause an enquiry to be made in the matter and find out the persons responsible for such callous behaviour regarding the payment of dues to the petitioner's husband and the family pension for such a long time and take appropriate steps for recovery of the amount of interest and costs awarded against them in accordance with law. Disciplinary action be taken against the persons responsible for such action in accordance with law. 7. Let a copy of the order be handed over to learned counsel for the parties. 8. The application is disposed of accordingly.