Judgment R. M. Prasad, J. 1. In this writ application the petitioner has prayed for issuance of an appropriate writ in the nature of mandamus directing the respondents to fix the family pension and pay the Group Provident Fund and group Life Insurance of her husband, who was in the State Government service. 2. In short the relevant facts are that the petitioners husband while posted as Driver-Constable at Bhagalpur in the month of October 1986 became traceless. Despite of best efforts he could not be traced. 3. Learned Counsel for the petitioner submits that in view of the government Circular, dated 24.02.90, issued by the Finance Department, the petitioner is entitled for the payment of the family pension and other post retiral dues of her husband after he remained traceless for seven years. 4. A counter affidavit has been filed on behalf of the Superintendent of police, Bhagalpur, respondent No.5. In the said counter affidavit it is stated that the husband of the petitioner was dismissed from service vide D. O. No.827/90; a photo copy where of has been annexed as Annexure f to the counter affidavit Learned Counsel for the State thus, submitted that the petitioner is not entitled for the family pension as per the Government Circular, contained in Annexure 5. It was also submitted by the Learned Counsel for the State that earlier the petitioner had moved this court for redressal of such grievances but this Court did not grant relief to the petitioner in so far as with respect to payment of family pension is concerned. As regards other dues it is submitted by the Learned Counsel for the State that they have been paid and their son has also been given appointment on compassionate ground, according to the policy decision of the State Government. 5. It is true that the petitioner several times moved this Court and by the last order, dated 6.2.95 (Annexure 6), passed in C. W. J. C. No.11488 of 1993, this Court directed that so far as the family pension is concerned, the same shall be paid to the petitioner within the same period. 6. 5. It is true that the petitioner several times moved this Court and by the last order, dated 6.2.95 (Annexure 6), passed in C. W. J. C. No.11488 of 1993, this Court directed that so far as the family pension is concerned, the same shall be paid to the petitioner within the same period. 6. Learned Counsel for the State submitted that when the said family pension was not paid to the petitioner she filed M. J. C. No.1553 of 1995 which was dismissed vide order, dated 24.11.95, contained in Annexure d to the counter affidavit on a consideration of the case of the petitioner that the family pension was not payable under, the rules. 7. I am unable to accept the submission of the Learned Counsel for the state. It is true that the contempt matter was dropped, vide aforesaid order contained in Annexure d but in my opinion that cannot deprive the petitioner of her legitimate claim, more so, when this question was never agitated and decided earlier that the family pension was not payable to the petitioner as her husband had been dismissed from service. It is true that from the order passed by the Senior Superintendent of Police, Bhagalpur, contained in Annexure f, it appears that the husband of the petitioner was dismissed from service but under the same order the order of dismissal was to be made effective from the date of its issuance. By now it is well settled that such order passed on the file does not become effective unless it is communicated to the person concerned. It has not been stated in the counter affidavit that this order was ever communicated to the husband of the petitioner. 8. Under such circumstances I am left with no option but to hold that the plea taken on behalf of the respondents to deny her the family pension is not sustainable. Accordingly, this writ petition is allowed. 9. The Superintendent of Police, bhagalpur, respondent No.5, is directed to get the entire dues of the petitioner on account of family pension calculated as per the rules and pay within a period of one month of the receipt/production of a copy of this order. Petition Allowed.