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Patna High Court · body

2001 DIGILAW 186 (PAT)

Bhubneshwari Devi v. State Of Bihar

2001-02-28

SHIVA KIRTI SINGH

body2001
Judgment 1. Heard the parties. 2. Petitioners husband late Gangadhar Jha was retrenched in the year 1967. He died subsequently in the year 1995. After his death the petitioner filed representation for grant of family pension and some other reliefs. Thereafter she filed a writ application C.W.J.C. No. 3952 of 1998 in this Court. Although such a writ application was filed after more than 30 years of retrenchment but probably in view of prayer for family pension this Court directed the petitioner to file representation before the authorities which was considered and some relief was granted to the petitioner by Director, Welfare, Patna vide order dated 8th March, 2000 as contained in Annexure-18. In this writ application the prayer is to direct the respondents to pay pension to the petitioner on the basis of order contained in Annexure-18 with interest and costs. 3. As per Annexure-18, the petitioner has been held entitled to a compassionate allowance under section 16 of the Bihar Pension Rules at the rate of Rs. 100/- per month but this part of the order has been made subject to concurrence of the Finance Department. The other reliefs relate to G.P.F. dues and withdrawal and payment of Rs. 400/- deposited as security deposit in Simultala post office. From the counter affidavit it appears that after interim order of this court dated 14.2.2001, G.P.F. dues have been sanctioned and the same would be paid to the petitioner within two months. Regarding security deposit in the post office the stand of the respondent is that the records of the post office have been destroyed but if the petitioner produces the pass book and death certificate then she would be paid the said amount by the post office concerned. Regarding payment of Rs. 100/- per month to the husband of the petitioner from 11.1.67 to 19.2.95 and thereafter to the petitioner from 20.2.95, the stand is that the same shall be paid as soon as the concurrence of the Finance Department is obtained. 4. Learned counsel for the petitioner raised a grievance that amount of Rs. Regarding payment of Rs. 100/- per month to the husband of the petitioner from 11.1.67 to 19.2.95 and thereafter to the petitioner from 20.2.95, the stand is that the same shall be paid as soon as the concurrence of the Finance Department is obtained. 4. Learned counsel for the petitioner raised a grievance that amount of Rs. 100/- per month is not adequate and it should be revised in view of a clause of Rule 46 of the Bihar Pension Rules which permits such compassionate allowance with only a rider that it should not exceed the two third of the pension which would have been admissible to the employee if he had retired on medical certificate. 5. In the facts and circumstances, this writ application is disposed of with a direction that dues of G.P.F. should be paid to the petitioner as per stand in the counter affidavit within a period of two months from today. She would also be free to apply for withdrawal of security money as suggested in the counter affidavit. So far as compassionate allowance is concerned, that is subject to the concurrence of the Finance Department. The authorities of the Finance Department are directed to take a final decision in the matter within a period of two months from the date of production/communication of a copy of this order before respondent no. 4, the Director who shall communicate this order to the authorities of the Finance Department. The petitioner will be at liberty to file a representation for considering the possible enhancement of Rs. 100/- which shall also be considered by the Finance Department at the time of granting concurrence. After decision of the Finance Department the authorities of the Finance Department are expected to pay the amounts found due to the petitioner at an early date preferably within one month from the date of decision of the Finance Department. 6. The writ application is, thus, disposed of. The restriction and condition imposed by interim order upon salary of the Director, welfare is revoked.