Ram Dulari Devi Wife of late Dahin Ram Gram vs The State of Bihar

I. A. No. 2689 of 2017

By way of the present interlocutory application, the

petitioner has made two prayers. The first prayer is to permit her to

add the Union of India through Principal Controller of Defence

Accounts (Pension), Allahabad as respondent no.6 and the second

prayer is to permit her to rectify the mistake committed inadvertently

in the writ application whereby the name of the petitioner has been

stated as Ram Dulari Devi, wife of Late Dahin Ram whereas the

exact name of the petitioner is Dulari Devi, wife of Late Dev Dahin

Ram.

Dr. Punam Kumari Singh, learned counsel appearing for

the Union of India, Ms Shilpi Keshri, learned Assistant Counsel to

Additional Advocate General No.10 appearing for the State and Mr.

Rakesh Kumar Singh, learned counsel appearing for the State Bank of

India do not oppose the aforesaid prayers of the petitioner.

In that view of the matter, the prayer is allowed. The

petitioner is permitted to implead the Union of India through

Principal Controller of Defence Accounts (Pension), Allahabad as

respondent no.6 and rectify the name of the petitioner as given in the

cause title of the writ application in the course of the day.

Interlocutory application stands allowed.

C.W.J.C. No. 19578 of 2016

In the present writ application the petitioner has prayed

for issuance of a direction to the respondent authorities to issue

duplicate Pension Payment Order (for short ''PPO'') for the purpose of

starting her family pension.

It is submitted by the learned counsel for the petitioner

that the husband of the petitioner was in Army and after his

retirement he was getting his pension in his pension account in the

State Bank of India, Jehanabad Main Branch in Account No.

35231415572. He died on 23.05.2015. It is stated that the petitioner

Dulari Devi, who happens to be 92 years of age lost pension paper of

her husband while she was going to her son-in-laws place on

08.03.2016 for which a Sanaha was lodged by her on 10.03.2016

before the Officer-in-Charge of Kalpa Police Station at Jehanabad.

Thereafter, she approached the Branch Manager of the State Bank of

India, Main Branch, Jehanabad with a request to grant her family

pension on which the Branch Manager directed her to deposit PPO

and other relevant documents on which the petitioner informed the

Branch Manager with regard to her difficulty in providing the PPO

and showed the Sanaha lodged by her in Kalpa Police Station but the

Branch Manager did not respond positively. Subsequently, the

petitioner wrote a letter to the Assistant General Manager,

Centralized Pension Processing Cell, Patna for certified copy of the

PPO, pursuant to which the Assistant General Manager, Centralized

Pension Processing Cell, Patna vide his letter dated 06.07.2016

informed the petitioner to deposit a copy of the pension book along

with copy of the FIR to the Pension Cell at Centralized Pension

Processing Cell, Patna. Thereafter, the petitioner deposited all the

relevant documents along with her letter dated 19.07.2016 as directed

by the Assistant General Manager, Centralized Pension Processing

Cell. However, no action was taken on behalf of the respondent

authorities on the request of the petitioner. Hence, the petitioner has

been compelled to file the instant writ application.

It is stated that after filing of the writ application the

petitioner was in receipt of a letter dated 18.03.2017 issued under the

signature of the respondent no.4, the Assistant General Manager,

Centralized Pension Processing Cell, Patna informing her that PCDA

(P), Allahabad has forwarded a copy of duplicate PPO from which it

is apparent that the name of the family pensioner is not notified in the

PPO. Accordingly, the petitioner has been advised to approach PCDA

(P), Allahabad to issue PPO in her name so that family pension could

be started at the earliest.

It is stated that pursuant to the advice of the respondent

no.4, the petitioner represented before the PCDA (P), Allahabad on

24.03.2017 with a request to do the needful so that her family pension

could be started but till date the petitioner has not received duplicate

PPO and her family pension is not being paid. It is contended that the

petitioner being a lady aged about 92 years is facing great hardship

due to non-payment of family pension.

Having heard learned counsel for the parties and perused

the record, the writ application is disposed of with a direction to the

petitioner to file a fresh representation raising her grievance before

the newly added respondent no.6, the Principal Controller of Defence

Accounts (Pension), Allahabad within four weeks from today along

with a copy of the order and in case such a representation is filed, the

Principal Controller of Defence Accounts (Pension), Allahabad is

directed to pass appropriate orders in accordance with law within six

weeks thereafter and do the needful.