BAGESHWARIPRASADSINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this writ application has prayed for issuance of a writ of or in the nature of mandamus directing the respondents to pay all retiral benefit Learned counsel for the State as also Mr Jaiswal appearing on behalf of A. G. Bihar have categorically stated that sanction order has been issued by the State of Bihar and Authority slip has been issued by the A G. Bihar but according to the petitioner actual payment of pensionary benefit has not been made.

(2.) In this situation, we direct this entire payment must be made to the petitioner by way of Account payee draft within two weeks from today. The Treasury Officer, Patna, must see to it that payment to the petitioner be made within two weeks from the date of receipt of a copy of this order. The petitioner shall also be entitled to interest on the entire arrear amount at the rate of 9% per annum apart from the statutory interest payable to him from due date till actual date of payment. The said amount of interest upon calculation may also be paid to the petitioner within one month from the date of receipt of a copy of this order.

(3.) The petitioner submits that in view of the fact that his paper for commutation of pension has not been processed within a period of one year owing to laches and negligence on the part of the authority of the State of Bihar, the said formality be waived. It is not disputed at the Bar that in terms of Annexure-13 State of Bihar may relax the said requirement.