Patna High Court
Richa KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the writ application stands disposed, directing the petitioner to make a fresh representation and the authorities to verify and adjudicate the claim within stipulated timeframes.
Summary
Petitioner Richa Kumari, a deserted dependent daughter, filed a writ petition seeking the sanction and release of family pension under a Finance Department Resolution dated 25‑10‑2018, as well as arrears and interest. The State argued that the claim should first be verified by the competent authority before any benefit could be granted. The Court noted that the petitioner had not made a fresh representation after the initial denial and directed her to file a fresh representation with supporting documents within four weeks. Upon receipt, the authority must verify the claim, adjudicate it, and issue a reasoned order within eight weeks, extending benefits if she is found entitled. The Court therefore disposed of the writ application subject to these procedural directions. The order emphasizes compliance with the 2018 Resolution and the need for a reasoned decision by the authority.
Issues considered
- Whether the petitioner is entitled to family pension under the Finance Department Resolution dated 25‑10‑2018.
- Whether the authorities are obligated to sanction and release the pension and arrears without further verification.
- Whether the writ petition should be dismissed or the petitioner directed to make a fresh representation for verification.
Subjects
- family pension
- government resolution
- writ jurisdiction
- verification of claim
- Bihar
- public service pension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4712 of 2026
======================================================
Richa Kumari D/o Late Ram Dev Singh, Resident of Village- Chauri, P.S.
Daudnagar, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Finance Department,
Government of Bihar, Patna.
2. The District Magistrate, District- Aurangabad.
3. The Accountant General (A and E), Bihar, Patna.
4. Treasury Officer, District- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kumar
For the Respondent/s : Mr. Kumar Alok, Standing Counsel (07)
Mr. Ram Kinker Choubey
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondents to sanction and
release family pension in favour of the petitioner in
terms of the Finance Department Resolution dated
25.10.2018.
(ii) for directing payment of arrears of family
pension w.e.f. 25.10.2018 or from the date
following the death of the widow pensioner
(10.01.2021), whichever is applicable, along with
admissible interest.
(iii) For directing the respondents to act in
accordance with the PPO issued by the office of the
Accountant General (A & E), Bihar, recognising
the petitioner as an eligible family member.
Patna High Court CWJC No.4712 of 2026(2) dt.09-04-2026
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(iv) For any other order or direction deemed fit in
the interest of justice.
3. Learned counsel for the petitioner submits that,
with regard to deserted dependent daughters, there exists a
Government Resolution as contained in Memo No. 918 dated
25.10.2018 issued by the Finance Department, Government of
Bihar. However, for unexplained reasons, despite
representations made by the petitioner for grant of such pension,
the benefit contemplated under the said Resolution has not been
extended to her.
4. On the other hand, learned counsel for the State
submits that the authorities may be directed to verify the claim
of the petitioner, and upon such verification, if the claim is
found to be genuine, appropriate steps may be taken for
adjudication of the same.
5. Considering the submissions of the parties, this
Court directs the petitioner to file a fresh representation before
the competent authority within a period of four weeks from
today, along with all supporting documents, including a copy of
this order and the Resolution dated 25.10.2018, governing the
issue in question. Upon receipt of such representation, the
concerned authority shall verify and adjudicate the claim of the
Patna High Court CWJC No.4712 of 2026(2) dt.09-04-2026
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petitioner and pass a reasoned and speaking order within a
further period of eight weeks. If the petitioner is found entitled,
the admissible benefits shall be extended to her within the same
period.
6. Accordingly, the writ application stands disposed of
in the aforesaid terms.
(Ajit Kumar, J)
shikha/-
U
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