Shail Devi v. T. M. Bhagalpur University, Bhagalpur
2013-08-22
NAVANITI PRASAD SINGH
body2013
DigiLaw.ai
ORDER The only unresolved issue in this writ application is with regard to disbursement of family pension payable to the petitioner on account of services rendered by her late husband Professor Chandra Mohan Sinha. As per State Government notified resolution no. 1674, dated 16.8.2012 by which pensions were revised and which, inter alia, provided enhanced family pension to the pensioners 80 years and above. The pension had to be revised with effect from 1.4.2007. The said notification also provided that the arrears as consequence of this revision of pension for the period 1.4.2007 up to the implementation and payment of revision pension would be paid in three yearly instalments as specified in the said resolution. It, thus, provided for deferment of payment of arrears. In several writ petitions this Court expressed reservation about validity of such deferment in respect of pensioners, who were above 80 years of age and were to get enhanced pension by reason of their age. This was brought to the notice of the State. The resolution of the State revising the said policy has now been filed by way of a supplementary affidavit being memo no. 1505, dated 14.8.2013 issued in the Department of Education. It is now provided that pensioners on attaining 80 years or above would get arrear in one lump sum instead of deferment. This is the right decision of the State showing sensitivity in the matter. 2. The petitioner claims that she attained the age of 80- years in the year 2012 itself. Upon petitioner’s satisfying the university authority with regard to this fact, the University i.e. Tilka Manjhi Bhagalpur University would ensure that the entire arrear of family pension, as aforesaid, would be paid to her within one month from the date of production of a copy of this order before the Registrar of the University. 3. It goes without saying that this decision of the State Government would bind all the Universities and would apply to all pensioner/family pensioner, who were covered by the earlier State Government’s resolution dated 16.8.2012 and no person is required to move this Court independently for separate order. 4. With the aforesaid observations and directions, the writ petition is disposed of. 5. Let this order be communicated to the Registrar of all the Universities in Bihar.