Most Basmati Devi vs The State Of Jharkhand And Ors on 9 February, 2015

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Jharkhand High Court

Most Basmati Devi vs The State Of Jharkhand And Ors on 9 February, 2015

Bench: Sujit Narayan Prasad

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W.P.(S) No. 6153 of 2013
        Most. Basmati Devi                                   ..... Petitioner
                                          Versus
        The State of Jharkhand & Others                      ..... Respondents
                                           -----
                  CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                                           -----
        For the Petitioner      - Mr. B.K.Dubey
        For the Respondents     - Mr. R.R.Mishra
                                          -----

3/9.2.2015

The petitioner has approached this Court for fixing her family pension as well as for extending the benefit of Modified Assured Career Progression Scheme to the husband of the petitioner, who died on 17.2.2010 while in service.

Counter affidavit had been filed on behalf of the respondents on 13.5.2014 wherein specific statement had been made by the respondents that the post death benefits have been paid to the petitioner. The family pension has also been fixed and the same is being paid to the petitioner.

A supplementary affidavit had been filed on behalf of the petitioner wherein it had been stated that during pendency of the writ petition, the provisional pension has been stopped.

By order dated 12.1.2015, a direction had been given to the respondents-State to seek instruction as to whether the family pension has been stopped or not.

In response to the order dated 12.1.2015, an affidavit has been filed on behalf of the respondents on 9.2.2015 wherein at Paragraph-6, it has been stated that the petitioner's family pension was fixed by the Accountant General, Jharkhand vide letter No. PR-2/208 1423624 / F / 1609 / 14-15 / 21518 dated 3.12.2014 and the same will be paid through Garhwa Treasury. In support of the said contention, a copy of the letter dated 3.12.2014, issued by the Office of the Principal Accountant General (A&E), Jharkhand, Ranchi, addressed to the District Treasury Officer, Garhwa, by which the PPO No. 141433537, issued in favour of the petitioner, has been forwarded to the District Treasury Officer, Garhwa with request to arrange for payment of pension / family pension from the treasury, has been annexed with the said affidavit.

Since the Pension Payment Order has already been issued by the Office of the Principal Accountant General (A&E), Jharkhand, Ranchi addressed to the District Treasury Officer, Garhwa, the grievance of the petitioner has been redressed.

However, the District Treasury Officer, Garhwa is directed to ensure payment in terms of the Pension Payment Order, as referred to herein above, forthwith.

This writ petition is disposed of with the above observation / direction.

S.K                                                      (SUJIT NARAYAN PRASAD, J)

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