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2004 DIGILAW 331 (PAT)

Most. Ushafo Kunwar v. State Of Bihar

2004-03-23

RADHA MOHAN PRASAD

body2004
Judgment 1. In this writ petition, the petitioner, who claims to be widow of Udit Narain Singh, who retired as constable from the Police Force in the district of Burdawan (West Bangal) on 17.12.1950 and was getting pension from Arrah Treasury vide P.P.O. No. 37299 (W.B.), but ultimately died on 10.1.1980 at village Manikpur, P.S. Koefawar, District Bhojpur at Arrah, is aggrieved on account of non-release of family pension from 11.1.1980. 2. This Court vide order dated 29.1.2004 issued notice to the Secretary cum Commissioner, Department of Home, West Bengal, Director General of Police, West Bengal and the District Superintendent of Police, West Bengal and the District Superintendent of Police, Burdwan (West Bengal) (respondents no. 4 to 6), but there has been no response from the said authorities so far. 3. From the supplementary affidavit filed on behalf of the petitioner, it appears that the Accountant General, Bihar vide letter No. Pen-9-Court case 1094-95 dated 31.12.2003 requested the Principal Accountant General (A&E), West Bengal, Kolkata, to expedite the sanction order of family pension in favour of the petitioner under S.S.A. so that necessary authority for payment of family pension may be issued and this Court may be apprised of. The Accountant General directed that the said request may be treated as most urgent in view of pendency of the present writ petition since 26.6.2000. Learned counsel for the petitioner has produced photo copy of the letter written by the Senior Deputy Accountant General (Pension), West Bengal to the Joint Secretary to the Government of West Bengal, Finance Department, Writers Buildings, Kolkata on 9th January, 2004 with reference to the aforementioned letter of the Accountant General, Bihar requesting to arrange to send the necessary order sanctioning payment of ad hoc family pension in favour of the petitioner, if admissible alongwith Annexures A, B and C as envisaged under C.O. No. 6153-F dated 13.8.1981 of the Government of West Bengal. He also mentioned that the petitioner is reported to have applied a ad hoc family pension to the Superintendent of Police, Burdwan, West Bengal. The Senior Deputy Accountant General also apprised the Joint Secretary about filing of the writ petition by the petitioner in this Court for payment of family pension and requested him to expedite the matter so that his office can take necessary action. Despite all this, respondents no. The Senior Deputy Accountant General also apprised the Joint Secretary about filing of the writ petition by the petitioner in this Court for payment of family pension and requested him to expedite the matter so that his office can take necessary action. Despite all this, respondents no. 4 to 6 have not bothered to redress the grievance of the widow petitioner so far not have even bothered to respond to the notice of this Court which shows gross callousness on their part. 4. The writ petition is thus allowed with cost of Rs. 5,000/- to be paid to the petitioner within a week of the receipt/ production of a copy of this order The Director General of Police, West Bengal (respondent no. 5) and the District Superintendent of Police, Burdwan, West Bengal (respondent no. 6) are directed to issue necessary sanction order for payment of family pension from due date within a week of the receipt/production of a copy of this order and necessary authority shall be issued by the concerned Accountant General within a week of the receipt of the sanction order. 5. In the facts and circumstances, this Court finds it to be a fit case for awarding penal interest on delayed payment @ 9% per annum which shall be calculated and necessary sanction order in that regard shall also be issued within the aforesaid time. 6. It is made clear that in case of non-compliance of any part of this order the concerned authority shall be liable to pay a further cost of Rs. 5,000/- from his pocket to the petitioner and the petitioner will be at liberty to file two pages affidavit for revival and to intitiate action against such authority. It is further made clear that the amount of cost aforementioned awarded shall be recoverable from the erring officials.