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2003 DIGILAW 255 (PAT)

Shakuntala Devi v. State Of Bihar

2003-03-04

RADHA MOHAN PRASAD

body2003
Judgment 1. In this writ petition, the petitioner is aggrieved by the order contained in Memo. No. 776 dated 28.12.1999 issued by the Deputy Secretary, Personnel and Administrative Reforms Department, Government of Bihar (Annexure 4) denying payment of dearness allowance on the family pension admissible to the petitioner after the death of her husband Late Durga Ram who died in harness on 18.9.1993. 2. It appears that the petitioner got employment in Government service vide order dated 27.8.1987 (Annexure 1) i.e. even before the death of her husband. 3. The question as to whether on family pension dearness allowance is admissible or not under the above circumstances came up for consideration before the Division Bench of this Court in L.P.A. No. 717 of 2002 which was disposed of vide order dated 26.7.2002 (Annexure 6), The Division Bench relying upon the decision of the Apex Court in the case of H.S.E.B. and others V/s. Azad Kaur, reported in (2000) 3 SCC 227, held that if the person is independently employed, the ad hoc relief cannot be denied to the holder of the family pension and set aside the impugned order denying dearness allowance on the family pension payable to the appellant of the said appeal. 4. Under the above circumstances, this writ petition is allowed and the impugned order (Annexure 4) is quashed. The Secretary, Personnel & Administrative Reforms Department (respondent no. 1) is directed to issue fresh instruction to the Treasury Officer accordingly within three days of the receipt/production of a copy of this order. The Treasury Officer, Secretariat Treasury, Patna is directed to ensure entire payment of family pension with dearness allowance to the petitioner within three days of the receipt of the instruction from the Secretary. 5. In case of non-compliance of any part of this order, the petitioner will be at liberty to file two pages affidavit for revival of this matter and taking appropriate action and the concerned officer will be liable to pay a cost of Rs. 1,000/- (one thousand) from his own pocket to the petitioner.