Sitaram Sasi, Son of Late Ram Krishna Mahto vs The State of Bihar

Heard learned counsel for the petitioners; State;

Accountant General and State Bank of India (hereinafter referred to

as the ''Bank'').

The original writ petitioner being wife of late Ram

Krishna Mahto, upon his death, did not receive any family pension to

which she was entitled, resulting in filing of the present writ

application. During the pendency of the writ application, she passed

away leaving behind one son and one daughter, who have since been

substituted in the present writ application.

At the very outset, learned counsel for the Bank

submitted that the entire amount of family pension of the original

writ petitioner is with them and the moment the heirs of the original

writ petitioner come before him and open their accounts, the money

would be credited to such account equally.

At this juncture, learned counsel for the petitioners

submitted that there is some amount lying in the account of their

father also i.e., the original employee and the same may also be

distributed among them.

Learned counsel for the State Bank of India does not

object.

Having considered the aforesaid, the writ petition

stands disposed off with a direction to the petitioners to appear

before the respondent no. 4, within three weeks from today, along

with a copy of this order. The respondent no. 4 shall then get

separate accounts opened by both the petitioners in his branch. Upon

the formalities being completed, the entire money which may be

lying in the account of the father of the petitioners and thereafter

whatever was due to the late mother of the petitioners, by way of

family pension, till the date she died, shall also be credited equally

between the petitioners, within two weeks thereafter.

The order has been passed in view of the stand taken

by the parties before the Court.