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2003 DIGILAW 713 (PAT)

Sushila Devi v. State Of Bihar

2003-07-16

RADHA MOHAN PRASAD

body2003
Judgment 1. As prayed, learned counsel for the petitioner is permitted to add the Treasury Officer, Varanasi as party respondent no. 7. 2. In this writ petition, the petitioner, who claims to be the widow of late Ram Yash Singh, who retired as constable from Uttar Pradesh Wing on 13.8.1966 and ultimately died on 1.11.1980, is aggrieved on account of non-release of family pension since after the death of the deceased Government servant. 3. Earlier notice was issued to the State of Uttar Pradesh as well as the Senior Superintendent of Police, Varanasi (respondents no. 5 and 6 respectively). In response to the said notice Mr. Rahman, learned counsel, has appeared for respondents no. 5 and 6 and has produced a copy of the sanction order issued by the Senior Superintendent of Police, Varanasi (respondent no. 6) to the Treasury Officer, Varanasi for payment of entire family pension. It is stated by the learned counsel for respond- ent no. 6 that the petitioner will have to present herself before the Treasury Officer, Varanasi for receiving the family pension whereupon on her request the same can be transferred to A.G., Bihar through A.G., U.P. for payment of monthly family pension from the Treasury as desired by the petitioner. Learned counsel for the Accountant General, Bihar has submitted that it is only on transfer from the Accountant General, UP., the Accountant General, Bihar can take any further step for payment of family pension from the Treasury as desired by the petitioner. 4. Accordingly, this Court directs the petitioner to approach the Treasury Officer, Varanasi for release of her entire family pension with arrear whereupon the Treasury Officer, Varanasi shall ensure payment of the entire family pension with arrear forthwith. After receiving the pension the petitioner may request the Treasury Officer, Varanasi for transfer of authorisation to A.G.,Bihar through A.G., U.P. whereupon the treasury officer, Varanasi shall take further action in the matter immediately and ensure transfer of the account to A.G., Bihar without any delay. The Accountant General, Bihar (respondent no. 4) is directed to complete the process for transfer of account within three days of the receipt of the account from the Accountant General U.P. and the concerned Treasury Officer shall ensure payment of further amount to the petitioner within three days of the receipt of the authority from the Accountant General, Bihar. 5. The Accountant General, Bihar (respondent no. 4) is directed to complete the process for transfer of account within three days of the receipt of the account from the Accountant General U.P. and the concerned Treasury Officer shall ensure payment of further amount to the petitioner within three days of the receipt of the authority from the Accountant General, Bihar. 5. Learned counsel for the petitioner has further submitted that in view of the fact that the sanction for family pension has been issued after a lapse of 23 long years of the death of the deceased Govt. servant, it is a fit case for grant of penal interest on delayed payment. 6. Learned counsel appearing for respondents no. 5 and 6 has submitted that initially the delay was on the part of the petitioner herself as she applied for grant of family pension only in the year 1995. As such, at best she can claim interest for the period since after filing of the application for sanction of family pension. 7. This Court finds substance in the submission of the learned counsel for respondents no. 5 and 6. Accordingly, this Court directs that the petitioner shall be entitled for interest @ 9% per annum from the date of application for sanction of family pension, till the sanction order has been issued on 15.7.2003. The Senior Superintendent of Police, Varanasi (respondent no. 6) is directed to get calculation of the amount of interest done and necessary sanction order must be issued by him for payment of the said amount of interest within one week of the receipt/production of a copy of this order. 8. The sanction order produced today has been handed over to the learned counsel for the petitioner. 9. The writ application is, thus, disposed of with the direction that in case of non-compliance of any part of this order the concerned authority shall be liable to pay a cost of Rs. 1,000/- from his pocket to the petitioner and the petitioner will be at liberty to file two pages affidavit for revival and for taking appropriate action.