IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.951 of 2006 MOST.SITA DEVI @ SEETA DEVI @ Sita Devi wife of Late Jamuna Singh resident of village Okari Chandhariya P.O. Jyotipur Kurla P.S. Modanganj (Ghoshi) District- Jehanabad. Versus 1. THE STATE OF BIHAR 2. The Accountant General, Bihar. 3. The Director, Land Acquisition Office, Secretariat, Patna, Bihar. 4. The District Land Acquisition Officer, Nawadah 5. The Collector, Nawadah 6. The District Treasury Officer, Jehanabad 7. The Branch Manager, Modanganj (Ghoshi) Punjab National Bank, Jehanabad. ----------- 3 01.02.2010 Heard Mr. Mritunjay Kumar learned counsel appearing on behalf of the petitioner, Mr. Girijesh Kumar learned A.C. to A.G.3 for the State and learned counsel appearing on behalf of the Punjab National Bank. The petitioner who is widow of late Yamuna Singh has filed the writ petition for payment of family pension. It is stated that the husband of the petitioner late Yamuna Singh who retired from the post of Peon from the District Land Acquisition Office, Nawada expired on 8.10.2000 and whereafter the writ petitioner was entitled to draw the family pension but the same was not paid to her. A counter affidavit has been filed on behalf of the respondent Nos. 4 and 5 i.e. the 2 District Land Acquisition Officer, Nawada and the Collector, Nawadah and in paragraph 4 it is stated that although the petitioner has filed a petition for family pension but she never turned up for filling up the required pension papers despite letter dated 29.10.2006 requesting her to submit family pension and other supported documents. Copy of letters have been placed at Annexure-A and B to the counter affidavit. It is stated that the Collector, Nawada has already sent the copy of the pension payment order and death certificate to the Accountant General, Bihar on 16.9.2006 (Annexure-C). Learned counsel appearing on behalf of the State submits that as the petitioner has not yet filed a succession certificate hence the necessary orders have not been passed sanctioning her family pension. A succession certificate is placed at Annexure-2 of the proceedings issued from the Court of Sub-Judge, Jehanabad passed in Succession Case No. 6 of 2003 certifying this petitioner to be the wife of late Yamuna Singh for the purpose of collecting the amounts standing in the name of late Yamuna Singh in the Punjab National Bank, 3 Madanganj. Learned counsel for the State submits that the succession Certificate was issued for a limited purpose and that it cannot be utilized for the purpose of authorization of family pension. The objection raised is taken only for being rejected. The moment a Court of competent jurisdiction has issued a certificate certifying this petitioner to be the wife of late Yamuna Singh, may be for a specific purpose but it no doubt also is due certification of the petitioner being the wife of late Yamuna Singh. However, since admittedly this petitioner has not presented herself before the respondent No.5 and has not completed the formalities for payment of family pension and has not filled up the pension papers, this writ petition is disposed of with a direction to the petitioner to present herself before the District Magistrate, Nawada, respondent No.5 together with the copy of this order and the copy of the succession certificate placed at Annexure-2 of the writ petition and who shall forthwith takes steps for sanction of the family pension payable to the petitioner with effect from 8.12.2000 and seek authorization from the Accountant General, 4 Bihar Patna. Needless to add that the moment the Accountant General receives the papers relating to authorization of family pension of the petitioner it should be cleared without any further delay considering the fact that the matter is pending since 8.12.2000. The entire exercise should be completed expeditiously and preferably within a period of four months from the date of receipt/production of a copy of this order. This writ petition stands disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J. )