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1998 DIGILAW 857 (PAT)

Laksho Devi v. State of Bihar

1998-12-09

CHAUDHARY S.N.MISHRA

body1998
ORDER : After having heard learned counsel for the parties and going through the pleading filed on their behalf, this writ application is being disposed of at the time of admission itself. This relates to payment of arrears of pension from 1.12.79 to 22.8.80 including family pension, legally payable to the petitioner. The concerned employee retired as teacher from Adarsh Middle School, Sultanganj on 2.7.72 and subsequently died on 29.8.80. The widow of the deceased has approached this court by filing the instant writ application for the relief sought for as stated above. In this case a counter affidavit has been filed on behalf of the State respondents wherein, inter alia, it is stated that in view of the Govt. decision dated the 4th September. 1964 and 28th November, 1969 copies of which are made Annexures-A and B to the counter affidavit, the petitioner is not entitled to the family pension. According to the learned counsel the State Government has decided to provide the pensionary benefits to such employee who has retired on and from 1st of April, 1976. It is further stated that according to the Government decision the teachers of the Middle school who have retired with effect from 1.4.76 they are only entitled to the pensionary benefits like other Government servants. The aforesaid decisions of the Government as contained in Annexures-A and B to the counter-affidavit was subject matter of consideration in the case of Smt. Sharda Devi vs. State of Bihar & Others reported in 1996 (2) P.L.J.R. 470 , wherein it has been held that the family pension is payable to the dependants of the employee with effect from 1964 itself when the Family Pension Scheme was enforced. Admittedly Family Pension Scheme came into force in the year 1964. In this case the petitioner retired on 2.7.72 and subsequently died on 29.8.80 as stated above, the petitioner who is the widow of the deceased employee is entitled to the family pension. Admittedly Family Pension Scheme came into force in the year 1964. In this case the petitioner retired on 2.7.72 and subsequently died on 29.8.80 as stated above, the petitioner who is the widow of the deceased employee is entitled to the family pension. Having regard to the law laid down in the aforesaid decision and further having regard to the facts of this case, I direct the respondent authority to issue sanction ORDER :with respect to the arrears to pension for the period in question, including the family pension to the petitioner within two weeks from the date of receipt/production of a copy of this ORDER :and forward the same to the Accountant General who will issue authority slip within two weeks therefrom. Since the husband of the petitioner has retired in the year 1972 and subsequently died on 29.8.80, the petitioner is entitled to the interest, on the balance amount of arrears of pension at the rate of 10% per annum from the date of retirement till the date of payments alongwith cost assessed at Rs.1000/-. The interest on the amount of Family pension is to be calculated from the date of death of the husband of the petitioner. Both interest and cost shall be paid to the petitioner alongwith the principal amount, within the time aforesaid. This disposes of this writ application.