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2005 DIGILAW 1067 (PAT)

Nayan Tara Sinha v. Bihar State Electricity Board

2005-12-15

NARAYAN ROY

body2005
Judgment 1. Heard counsel for the parties. 2. By this writ application, the petitioner, who is widow of retired Chief Engineer of the Bihar State Electricity Board (hereinafter to be referred to as "Board"). has prayed for issuance of a writ of mandamus commanding upon the respondents to pay her dearness relief over family pension. 3. It is submitted by learned counsel for the petitioner that on account of death of the husband of the petitioner, family pension was sanctioned by the Board vide PPO No. 448 dated 28.3.2000, but dearness relief was not granted to her. Thereafter the petitioner represented the matter before the authorities for dearness relief, which, ultimately, was rejected vide order dated 2.8.2003. 4. According to the counter affidavit filed on behalf of the respondent Board, dearness relief is not payable to the petitioner on her family pension in view of circular vide letter no. 3556 dated 9.5.1991, issued by the Finance Department Government of Bihar, and the same has been annexed as Annexure A to the counter affidavit. 5. It appears that the circular of the Finance Department dated 9.5.1991 was subject-matter of consideration before this Court in case of Smt. Shardha Devi V/s. State of Bihar and Ors., [2002(3) Patna Law Journal Reports 527] and a Bench of this Court on interpretation of the circular dated 9.5.1991 held that in case a person getting family pension was already employed independently at the time of death of her husband, in that eventuality, dearness allowance/relief is payable on family pension. This Court further interpreted that the State Government circular dated 9.5.1991 refers to an employment and reemployment, occasioned due to death of an employee, but does not cover a case, where a person was independently employed. 6. In the case at hand, the petitioner is said to have got employment as a teacher. Her employment as a teacher appears to be an independent one and not an appointment by the Board at the time of death of her husband nor it appears to be a case of re-employment of the petitioner in the event of death of her husband and the circular of the State Government, therefore, will not apply in the facts and circumstances of this case. 7. The ratio laid down by this Court in case of Smt. Shardha Devi (supra), thus, squarely covers the case of the petitioner. 8. 7. The ratio laid down by this Court in case of Smt. Shardha Devi (supra), thus, squarely covers the case of the petitioner. 8. This writ application is, accordingly, disposed of in terms of the order passed by this Court in the case of Smt. Shardha Devi (supra) and the order impugned dated 2.8.2003, as contained in annexure 1, is set aside and the respondents are directed to make payment of dearness allowance/relief on the amount of family pension payable to the petitioner. Necessary payment, however, must be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order.