SUSHILA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, grievance of the petitioner is that the period of service from 1.10.1974 to 31.12.1988 has illegally and arbitrarily not been counted for the purpose of fixation of his pensionary benefits. Accordingly a prayer has been made to issue appropriate writ/direction comanding the Respondents to calculate the family pension and gratuity after taking into account the said period and pay the difference of family pension and gratuity.

(2.) IN short the relevant facts are that petitioners husband was appointed in the Agriculture Department, Government of Bihar on 11.11.1954. He, however, absented himself during the aforementioned period without sanction of any leave and attained the age of superannuation on 31.12.1988. Husband of the petitioner died on 7.12.1995 without getting any pensionary benefit. Earlier petitioner had filed C.W.J.C. No. 12321 of 1996 in this Court with a prayer to command the Respondents to make payment of the post -retiral dues, such as, arrears of pension, gratuity, General Provident Fund as well as family pension with interest and cost. This Court disposed of the said writ petition vide order dated 27.3.1997, contained in Annexure -5 directing the authority to get the entire post -retiral dues including family pension payable to the petitioner finalised and to pay the same with interest @ 14% per annum over the admitted dues found payable except on the G.P.F. over which he was held entitled for penal interest @ 14% which would include statutory interest besides cost of Rs. 2,000/ -. However, when the said order was not complied she filed M.J.C. No. 1576 of 1997 whereafter she was paid the said dues with interest and cost but the services of her husband during the aforementioned period from 1.10.1974 to 31.12.1988 was not counted for fixation of his pensionary benefits on account of his unauthorised absence. This Court vide order dated 12.4.1999 in the facts and circumstances did not find any reason to proceed in the matter further. However, the petitioner was given liberty to challenge the said order before the appropriate authority/court of law, whereafter she has filed the present writ application.

(3.) IN the counter affidavit filed on behalf of Respondent no. 2 it is stated that the Department after verification of the records came to the conclusion that the deceased husband of the petitioner was on unauthorised absence from duty and absconding from duty from 1.10.1974 to 31.12.1988 i.e. till the date of retirement. A.G., Bihar has also no knowledge about the aforesaid period. It is also submitted that the petitioner has not submitted any evidence of her claim regarding the continuation of her husband in Government service from 1.10.1974 to 31.12.1988. Keeping in view of all the above facts the Department has held the period from 1.10.1974 to 31.12.1988 as breakage in service of the petitioners husband. It is, thus, submitted that there is no question of regularising the said period and giving retirement benefit after computing the aforesaid period.