IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.140 of 2009 Most.Phulpati Deviw/o late Shiv Bhagat, r/o village Kateyan, P.S. – Bihia, District – Bhojpur ………. Petitioner Versus 1. The Union Of India through its Senior Division Finance Manager, South Eastern Railway, Chakradharpur 2. The Senior Divisional Finance Manager, South Eastern Railway, Chakradharpur 3. The State Bank of India, through Divisional Manager, Zonal Office, Anta Ghat, Gandhi Maidan, Patna 4. The Branch Manager, State of Bihar of India, Bihiya Branch, Bhojpur ……..Respondents Ist Set 5. Nirmal Kumar s/o late Shiv Bhagat 6. Lakshman Ram s/o late Shiv Bhagat 7. Harekrishna Ram s/o late Shiv Bhagat 8. Buchan Ram s/o late Shiv Bhagat, all resident of village Kateyan, P.S. Bihiyak, District – Bhojpur …….. Respondents 2nd Set ---- For the petitioner: Mr. Jagannath Singh, Advocate For the respondent nos. 1 & 2: Mr. Anil Singh, Advocate For the respondent nos. 3 to 4: Mr. Kaushalendra Kumar Sinha, Advocate ---- 4 19-2-2009 Petitioner’s husband was an employee of the South Eastern Railway. After retirement he was paid pension through the Bihia Branch of the State Bank of India. Admittedly, the Bank by mistake made excess payment to the petitioner’s husband a sum of Rs.1,68,000/-. During the life time of the petitioner’s - 2 - husband, the excess payment was decided to be realized from his pension and certain deductions were made. After his death the petitioner is not being given the family pension. We heard Mr. Jagannath Singh, for the petitioner, Mr. Anil Singh, for the railways and Mr. K.K.Sinha, for the respondent – State Bank of India. With the consent of the parties, we dispose off the writ application with the following directions: 1) Petitioner shall pay to the Bank the amount drawn in excess by her husband in instalments. 2) Fifty percent of the amount of the family pension shall be deducted and adjusted towards the excess payment made. 3) The State Bank of India shall not charge interest on the excess amount paid to the petitioner’s husband. 4) The family pension shall be released in favour of the petitioner after she produces the death certificate of her husband and her own life - 3 - certificate and such other requirements as required by law. Application stands disposed off with the directions aforesaid. Neyaz/- C. K. Prasad, ACJ. Dharnidhar Jha, J.