Petitioner sought family pension via writ petition. Court rejected assertion of entitlement without evidence of prior payment. Order dismissed writ against State officials and banks as mandamus not called for.
Writ application dismissed; no directive issued for payment of family pension to petitioner.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11398 of 2015
======================================================
Ram Sunder Choudhary Son of Late Ram Krishna Choudhary resident of village - Khirhar, P.S. Khirher, District - Madhubani.
... ... Petitioner/s
Versus
... ... Respondent/s
| ============== Appearance : For the Petitioner/s For the State |
===== : : |
=================================== Mr. Birendra Kumar Mr. Sunil Kumar Mandal, SC-3 Ms. Alka Singh Advocate Mr. Arjun Prasad Advocate Ms. Archana Mukherjee Advocate |
|---|---|---|
| For the Jharkhand | : | Mr. Dhruv Mukherjee Sr. Advocate Mr. Md. Nazir Ansara Advocate |
| For the SBI ================ |
: ===== |
Mr. Kaushlendra Kumar Sinha ================================= |
| CORAM: HONOU | RABL | E MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER |
the family pension had not been paid to mother on authorization, mere assertion on an affidavit that it was due and should be paid to the present petitioner, who claims himself to be the son, is like fishing in troubled water. The Court is not
Patna High Court CWJC No.11398 of 2015(5) dt.21-09-2017 2/2
convinced that a mandamus is required to be issued in decisive
term in favour of the petitioner.
Writ Application is dismissed.
(Ajay Kumar Tripathi, J)
skm/-
U
2 issues framed by the court
Whether mandamus lies to direct payment of family pension on petitioner's assertion without clear evidence of non-payment to mother.
Whether mere affidavit assertion that pension is due to petitioner constitutes sufficient material for issuing writ.
RAM SUNDER CHOUDHARY
THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY IRRIGATION DEPARTMENT
THE EXECUTIVE ENGINEER IRRIGATION DEPARTMENT TENUGHAT
THE DISTRICT MADHUBANI
THE TREASURY OFFICER MADHUBANI
THE ACCOUNTANT GENERAL
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
