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2003 DIGILAW 792 (PAT)

Santokha Devi v. State Of Bihar

2003-08-01

RADHA MOHAN PRASAD

body2003
Judgment 1. This writ petition has been filed by the widow of late Surendra Kumar Pandey, who retired as Havaldar from Bagaha on 30.4.1998 and ultimately died on 21.5.2001. Petitioner is aggrieved on account of non payment of life time pension of the deceased. 2. It is alleged that despite request made by the Treasury officer, Bhojpur (Respondent no. 3) vide letter no. 4914 dated 30.11.2002 to the Superintendent of Police, Bagaha (Respondent no. 2) seeking approval for the due life time pension of the deceased, there was no response from Respondent no. 2, and as such, the petitioner has been kept denied of the same. 3. Earlier on the request of the learned Government Pleader no. VII, the matter was adjourned to enable Respondent no. 2 to come with full redressal of the grievance of the petitioner. A counter affidavit has been filed on behalf of Respondent no. 2, from perusal whereof, it appears that PPO and DCRG Payment Order were issued on 12.7.2000 and 27.11.1998 respectively. In paragraph 8 it is stated that provisional pension amounting to Rs. 800/- per month being 90% of the payable pension was paid to the deceased Government servant with effect from 1.5.1998 to 31.8.1999. The payment of provisional pension was communicated to the Accountant General and Treasury Officer, Bhojpur. Accordingly, it is submitted by learned Government Pleader No. VII that request made by the Treasury Officer, Bhojpur to the Superintendent of Police, Bagaha is not justified. Further, it is submitted that S.P., Bagaha has again requested the Treasury Officer, Bhojpur to get calculation done and arrange payment of the arrears without any delay vide memo no. 1193 dated 29.7.2003, contained in Annexure-E. 4. Accordingly, the Treasury Officer, Bhojpur (Respondent no. 3) is directed to ensure payment of the due life time pension of the deceased within three days of the receipt/production of a copy of this order, failing which he shall be liable to pay cost of Rs. 1,000/- from his pocket and the petitioner will be at liberty to file two pages affidavit for revival and for taking appropriate action. 5. This application is, thus, disposed of.