Allowed

Jagia Kuwar @ Jagiya Kunwar v. The State of Bihar

Patna HC26 Nov 2020CWJC/5446/2020

Case brief

AI extract

What is this about?

Allowed a writ petition regarding the claim for enhancement of pension to age 90 years. Held petitioner entitled to revised pension, directed bank to pay enhanced amount with 9% interest for delay if not paid by January 15, 2021, declaring bank's contrary decision nullity.

What did the court decide?

Directed respondent Bank to pay enhanced pension treating age as 90 years; 9% interest on delay payment from January 15, 2021.

Jagia Kuwar @ Jagiya Kunwar Vs The State of… — Pension and Retirement Benefits | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5446 of 2020

¶2

======================================================

¶3

Jagia Kuwar @ Jagiya Kunwar Wife of - Late Ramananad Chaudhari, Resident of Village - Kanth Chhapra, Ashok Pakri, P.S. Pipra, District- East Champaran.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through Principal Secretary, Department of Home, Government of Bihar, Patna.

¶7

The Accountant General of Bihar, Veerchand Patel Path, Patna.

¶8

The Assistant General Manager, State Bank of India, Centralized Pension Processing Centre, Administrative Office Building, Fourth Floor, J.C. Road, Patna -1.

¶9

The General Manager, State Bank of India, Head Office, West Gandhi Maidan, Patna-1.

¶10

The Treasury Officer, East Champaran at Motihari.

¶11

The Branch Manager, State Bank of India, Pipra Branch, At Pipra, DistrictEast Champaran at Motihari.

¶12

... ... Respondent/s

¶13

======================================================

¶14

Appearance : For the Petitioner/s : Mr.Rakesh Kumar No.1, Advocate For the Respondent/s : Mr.Manish Kumar (GP-4)

¶15

======================================================

¶16

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

¶17

4 26-11-2020

¶18

Heard learned counsel for the petitioner. No one appears on behalf of the State Bank of India.

¶19

Notwithstanding the indulgences granted by this

¶20

Court no counter affidavit has been filed on behalf of the State Bank of India.

¶21

The petitioner claims the benefit of enhancement of pension on attaining age of 90 years.

¶22

In a situation like the present one where there is no co-operation on behalf of the respondents-Bank, the Court is

¶23

Patna High Court CWJC No.5446 of 2020(4) dt.26-11-2020 2/2

¶24

constrained to hold that the petitioner is entitled to the benefit of revision of pension on attaining the age of 90 years. The decision of the Bank contrary thereto to defeat the enhanced pension can be treated as nullity.

¶25

Accordingly, the respondent-Bank is hereby directed to pay enhanced pension to the petitioner treating her age as 90 years. If the revised enhanced pension is not paid to the petitioner latest by 15^th of January, 2021, the respondent Bank shall be liable to pay 9% interest on the revised enhanced pension which shall be borne out from the pocket of the officials of the Bank.

¶26

With the aforesaid, the writ petition stands allowed and disposed of.

¶27

(Anil Kumar Upadhyay, J)

¶28

spandey/-

¶29

Jagia Kuwar @ Jagiya Kunwar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jagia Kuwar @ Jagiya Kunwar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhanu Pratap Singh Vs the State of Bihar

Anarjeet Paswan Vs The State of Bihar

Vishal Yadav @ Vishal Kumar Yadav @ Bishal Kumar Yadav Vs The State of Bihar

Satrughan Prasad Yadav, Vs The State of Bihar

Anil Sah @ Anil Kumar Sah Vs The State of Bihar

Rohit Kumar @ Tinku Kumar Vs The State of Bihar