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2004 DIGILAW 307 (PAT)

Reeta Kumari Sinha v. State Of Bihar

2004-03-15

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2004
Judgment 1. The delay in filing the appeal is condoned. 2. This is a matter of grant of family pension. The issue is that the husband of the petitioner-appellant died in an encounter with extremists. He was a policeman. Regard being had to the circumstances of his death, the State granted his widow a higher amount of pension to mitigate the premature death and the tragedy in the duty of tne State to be killed in a State where the law and order situation is questionable. 3. the issue is not of rules or regulations. 4. The grant of such pension basically at times is a political act. A promise made, acted upon and honoured is not to be retrieved subsequently because this is fooling a government servant and his family. Once the State had granted the widow a family pension and a little extra regard being had to the circumstances of the death further that payment was made year by year, to retract it would be a dishonourable act. The question is not of law. The State is estopped from retrieving its promise. There is no mischief, fraud or collusion in this matter. 5. Thus, the order of the learned Judge on the writ petition is set aside and the appeal is allowed.