Smt. Brijshantimani vs The State of Jharkhand and others

Aparesh Kumar Singh

By way of this interlocutory application the applicants have sought to substitute themselves as legal heirs and sons of the original petitioner, Smt. Brijshantimani, who was the widow of the employee late, Dr. Surendra Sinha, who had moved this application for payment of family pension to the petitioner on the basis of revised pay scale. It is stated in the instant interlocutory application that the petitioner has died on 2nd September, 2010, leaving behind her two sons, namely, Krishna Kumar Singh and Arjun Kumar Singh and three daughters, namely, Madhvi Singh, Mridula Singh and Maruti Singh. Photocopy of the death certificate of the original petitioner is annexed as Annexure-''A'' to the instant interlocutory application as well. It is asserted that they are legally entitled to receive the arrear amounts of the revised family pension, which were due to the petitioner i.e. their mother.

Learned counsel for the respondents have no objection to the instant prayer.

Accordingly, the instant interlocutory application is allowed and the applicants named in para 2 of the instant interlocutory application are permitted to be substituted in place of original petitioner by carrying out necessary correction in red ink at the relevant place in the writ application.

W. P. (S) No. 2523 of 2010

The writ petition has been preferred for payment of the family pension by the widow of late, Dr. Surendra Sinha claiming revision in family pension from the respondents, Government of Jharkhand. It has been stated in paragraph nos. 8 & 9 of the main writ application that she was getting only Rs. 4370/-per month since long, which was required to be revised.

The respondents have appeared and filed their counter affidavit and the Accountant General has also filed its counter affidavit stating in paragraph 3 thereof that on receipt of the sanction order from the Deputy Secretary, Health Department, Bihar, Patna the office of the Accountant General, Bihar, Patna issued two Special Seal Authority (REVISION) vide letter dated 21.07.2010 and 29.07.2010 toward family pension. Accordingly, the office of the Accountant General, Jharkhand, Ranchi has authorized the same vide authority letter no. Pen-V-4256-58 dated 08.10.2010 and Pen-V-4406-08 dated 19.10.2010 for payment of family pension from the Ranchi Treasury. The applicants in the instant interlocutory application, which have been substituted in place of the original petitioner submitted that a copy of the said Memo dated 19.10.2010 has also been forwarded to the original petitioner and received by them.

In the aforesaid circumstances, it is submitted that the substituted heirs being the present petitioners be allowed to approach the authority concerned for availing the benefits of the arrears of revised family pension that were legally due to their mother-the original petitioner and have been sanctioned by the competent authority.

In view of the aforesaid facts and circumstances, this writ application is disposed of by granting liberty to the petitioner to approach the office of the Accountant General, Jharkhand with a copy of the representation along with a copy of this order for claiming the arrears of revised family pension which were legally admissible due to their mother till her death on account of their father late Dr. Surendra Sinha, who retired as Head of Department of Medicine in Rajendra Medical College and Hospital ( R.M.C.H.) now R.I.M.S at Ranchi in the year 1986 and on whose death the original petitioner was getting the family pension as her widow.

In case, such a representation is made to the office of the Accountant General, Jharkhand, containing all necessary facts and particulars, who shall consider the same, in accordance with law, within a period of four weeks thereafter. With the aforesaid observations/direction, this writ petition is disposed of.