IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1005 of 2005 SANTOSH KUMAR UPADHYAY @ SANTOSH KUMAR Son of Late Sri Krishna Upadhyaya, resident of near Fulwarisharif Railway Station, P.S.-Fulwarisharif, District-Patna. . Versus 1. THE STATE OF BIHAR through the Chief Secretary Government of Bihar, Old Secretariat, Patna. 2. The I.G.(Prison), Old Secretariat, Patna. 3. Special Secretary, Home(Special), Department, Old Secretariat, Patna. 4. The Accountant General, Virchand Patel Marg, Patna. 5. The Director, G.P.F., Finance Department, Government of Bihar, Pant Bhawan, Bailey Road, Patna. 6. The Jail Superintendent, Shivir Mandal Kara, Phulwarisharif, Patna. 7. The District Provident Fund Officer, Patna. 8. District Treasury Officer, Patna. 9. Commissioner-cum-Secretary, Department of Finance, Government of Bihar, Patna. ----------- 5 04.03.2010 Heard Mr. Manish, learned counsel for the petitioner and Mr. Gyan Prakash OJha, learned A.C. to G.A.7 for the State and learned counsel for the Accountant General. The petitioner one of the sons of late Krishna Upadhyay has filed the writ petition seeking interalia amongst other reliefs a direction to the respondent authorities for continuation of the payment of family pension to himself. Facts in brief is that the father of the petitioner died in harness having been shot dead - 2 - in extremist violence on 20.9.1996. It was contended that the family pension which was being paid to the mother of the petitioner was also stopped consequent after her death on 30.1.2003. The petitioner claiming to be physically handicapped by 100% and relying upon a State Government Circular dated 19.3.1975 sought a direction from this Court to the authorities of the State Government for continuation of the family pension to him by reason of such physical disability. Upon consideration of the submissions aforesaid, this Court vide order passed on 27.11.2009 directed the petitioner to present himself before the Home Secretary, Bihar along with evidences showing his physical incapability by 100% and for continuation of the family pension with effect from 30.1.2003 i.e. the date of death of his mother. Pursuant to the order of this Court the petitioner presented himself before the respondent No.3, the Special Secretary, Home(Special) Department together with evidences demonstrating his physical incapability and the case of the petitioner upon consideration by the Secretary, Home (Special) Department was allowed - 3 - vide order bearing memo No. 10776 dated 24.12.2009. The Secretary was pleased to allow family pension to the petitioner with effect from 2.1.2003 and directed the Inspector General of Prison to take follow up steps. Pursuant to the order dated 24.12.2009 the Inspector General (Prisons) by letter dated 5.1.2010 directed the Superintendent Camp Divisional Jail, Phulwarisharif to take necessary steps for grant of family pension to the petitioner with effect 2.1.2003 and in compliance whereto the Superintendent Camp Divisional Jail, Phulwarisharif vide letter dated 21.1.2010 has forwarded the necessary papers to the Accountant General for grant of authorization. The said developments have been brought on record by the State counsel by filing a counter affidavit on behalf of the respondent No.2 on 25.2.2010. Although the relevant papers has been forwarded by the Superintendent Camp Divisional Jail, Phulwarisharif to the Accountant General but learned counsel for the Accountant General is not in a position to inform this Court as to the follow up steps taken by the Accountant General in this regard. - 4 - In such circumstances, the writ petition is disposed of with a direction to the Accountant General to accord authorization to the orders sanctioning family pension to the petitioner, forwarded to him by the Superintendent Camp Divisional Jail, Phulwarisharif forthwith and without any delay and not later than three weeks from the date of receipt/production of a copy of this order and whereafter the authority concerned in the State Government would take effective steps for payment of the family pension of the petitioner together with its arrears with effect from 2.1.2003 and the current pension. Learned counsel also raises a dispute with regard to interest on belated disbursement of G.P.F. claim of his deceased father. The petitioner if so aggrieved by the calculation of interest, may raise his claim before the District Provident Fund Officer, Patna and who shall examine and dispose of the same in accordance with law. The writ petition is disposed of Bibhash (Jyoti Saran, J.)