IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20130 of 2011 Sidheshwar Prasad Singh, Son of Late Mukul Garairi, Resident of Village – Mundipur, P.S. – Ekanangarsarai, District – Nalanda. -------------- Petitioner Versus 1. The State Of Bihar. 2. The Registrar, Bihar Registration Co-operative Societies, Patna. 3. The Assistant Registrar, Registration Co-operative Societies, Chapra Anchal, District – Chapra. 4. The Accountant General (A&E), Bihar, Patna. 5. The District Magistrate, Nalanda, Biharsharif, Distt. – Nalanda. 6. The Treasury Officer, Nalanda, District – Nalanda. 7. The Branch Manager, State Bank of India, Branch Islampur, District – Nalanda. ------------- Respondent ---------------------------------- 3 21.11.2011 Today again, on call, none appeared on behalf of Respondent no. 7/Branch Manager, State Bank of India, Branch Islampur, District – Nalanda, whereas, copy of writ petition was already served on learned counsel for the Bank before filing of the writ petition and name of learned counsel for the Bank is appearing in the daily cause list. On earlier occasion also none had appeared on behalf of the Respondent/Bank which is evident from the order dated 18.11.2011. Heard Sri Rabindra Prasad Singh, learned counsel for the petitioner, Smt. Vandana Singh, learned A.C. to Standing Counsel No. 25, appearing on behalf of Respondent/State and Sri Binod Kumar Labh, learned counsel appearing on behalf of Respondent no. 4/Accountant General (A&E), Bihar, Patna. The petitioner, who retired long back on 30.04.1997 as ‘Senior Co-operative Extension Officer’ from the office of Assistant Registrar, Chapra, has made a limited prayer to direct the Respondents particularly the Respondent/Bank to release pension 2 amount to the petitioner in revised scale pursuant to communication sent by the Treasury Officer vide ‘Annexure-1’ to the writ petition. It was submitted that after 5th Pay Revision from 01.01.1996 authorization was issued by the Accountant General, Bihar, Patna, in respect of arrear of pension, current pension as well as gratuity. Thereafter, the Treasury Officer, on 26.11.2010 vide ‘Annexure-1’ to the writ petition communicated the same to the Branch Manager of the State Bank of India (Respondent No. 7) for paying the pension to the petitioner in revised scale and also to pay the arrear of gratuity and pension. It was submitted by learned counsel for the petitioner that the Treasury Officer had sent the said authorization vide its letter dated 26.11.2010. However, till date, the Respondent/Bank has not taken any heed to pay the dues in terms of the letter issued by the Treasury Officer. In view of the fact that the Treasury Officer had already issued authorization to the Bank, the Bank has got no authority to sit tight over the matter. Accordingly, the writ petition stands allowed with a direction to the Respondent no. 7 to pay the dues of the petitioner in terms of authorization issued by the Treasury Officer vide ‘Annexure-1’. Payment must be made within a period of six weeks from the date of receipt/production of a copy of this order. The Respondent/Bank is further directed to pay interest at the rate of 5% per annum on the dues from the date on which the authorization from the Treasury Officer was received in the Bank till the date of payment. The authority of the Bank may recover the amount of 3 interest from the officer/employee of the Bank responsible for delay in crediting the amount to the petitioner’s account. The writ petition stands allowed. Praful ( Rakesh Kumar, J.)