KUMUDINI DEVI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ application, the petitioner prays for payment of arrear and current family pension, which was withheld from January, 1996, along with interest at the rate of prevailing bank rate. The facts are not disputed. The husband of the petitioner Pandit Kulamani Mishra was a Government servant serving as a Lecturer in Sri Sadasiv Kendriya Sanskrit Sansthanam, Puri under the opposite party No. 2 for the period 16.7.1945 to 14.8.1971. Thereafter, the employees of the said Bidyapitha were absorbed under the Rastriya Sanskrit Sansthanam. Accordingly, the petitioner served under opposite party No. 3 from 15.8.1971 to 30.4.1979 and retired from service on superannuation.

(2.) After retirement, Pandit Kulamani Mishra expired on 19.2.1990. As per the terms and conditions mentioned in Annexure-1, the petitioner is entitled to family pension on the day following the death of Pandit Kulamani Mishra till her death. The petitioner was also receiving family pension at the rate of Rs. 675/- per month through State-Bank of India, Puri till December, 1995. Suddenly, payment of family pension of the petitioner was discontinued/stopped by the S.B.I., Puri. In this connection, the authorities have verbally intimated the petitioner that the opposite party No. 4 i.e. the Accountant General of Odisha, Bhubaneswar has directed for discontinuance of the family pension of the petitioner, but could not assign any reason therefor.

(3.) The petitioner submits that as per the terms and conditions of the absorption of the Government employees under the Rastriya Sanskrit Sansthanam, widow of the Government employee is entitled to the benefit of family pension by virtue of his service under the State Government, such family pension could be payable by the Sansthanam, who had taken over the service and permanently absorbed the employee. Accordingly, the writ application has been filed.