IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3611 of 2008 Smt.Noorjahan wife of Late Md. Yunus , resident of Village- Harchanda, Post Office, Panapur Kariyat, Police Station-Kanti, District-Muzaffarpur ------------------ Petitioner Versus 1. The State Of Bihar 2. The Home Secretary, Government of Bihar, Patna 3. The Inspector General of Prisons, Govt. of Bihar, Patna 4. The Finance Secretary, Govt. of Bihar, Patna 5. The Accountant General, Bihar, Patna ----------------------- Respondents. ---------------------------------- 05 13-09-2011 Heard Sri Santosh Kumar Sinha no.2, learned counsel for the petitioner, Sri Ghanshyam Sharma, learned A.C. to Govt. Advocate no.7, who appears on behalf of Respondent nos.1 to 4/State and Sri L.P.K.Rajgrihar, learned counsel appearing on behalf of Respondent no.5/ Accountant General, Bihar. The present writ petition was filed in the year 2008 with a prayer to direct the Respondents to revise family pension of the petitioner and also to make payment of consequential benefits. The husband of the petitioner at the time of retirement i.e. on 31.03.1984 was Jail Superintendent, District Jail, Aurangabad. In this case, a counter affidavit has been filed on 19th August, 2011 on behalf of Respondent nos.1, 2 & 3. The Respondent State has not disputed the claim of the petitioner in its counter affidavit. It has also been admitted by the Respondent/ State that the Home (Special) Department had earlier requested the Office of the Accountant General,Bihar for revision of the pension in revised pay scale and payment of the arrear accrued thereby. 2 However, since the service book of the petitioner was not available, there were number of correspondence in between the State and the Accountant General and the Respondent/ State .In paragraph-11 of its counter affidavit filed on behalf of Respondent nos.1,2 and 3 specific statement has been made that the department has decided to order for creation of new duplicate service book, which exercise will take sometime, for which eight weeks time was sought for. The affidavit was sworn on 19.08.2011. In view of the stand taken by the State in its counter affidavit, the Court is of the opinion that the writ petition can be disposed of directing the State authority, particularly Respondent nos. 1 to 3 to take all steps, so that final sanction order in respect of revision of family pension and arrears must be issued within a period of eight weeks from the date of receipt/production of a copy of this order. The Court expects that after receipt of sanction from the State authority, the Respondent no.5/ Accountant General, Bihar shall issue authorization within four weeks from the date of receipt of sanction order. The Respondent State is further directed to take steps for crediting the amount to the account of the petitioner as per the authorization issued by the Accountant General within four weeks from the date of receipt of authorization from the Accountant General. With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J.)