SARASWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the facts and circumstances, the cost awarded, vide order dated 27.3.2000, to be deposited with the Secretary, Patna High Court Council of Legal Aid & Advice is hereby recalled.

(2.) THE petitioner, who claims to be the wife of Ex -Havildar, Brij Bihari Singh and legally appointed guardian of her husband, has sought for quashing of the order dated 7.8.1990 (Annexure 10), whereby she has been communicated that her husband had been terminated from service, thus, she is not entitled for payment of pension and gratuity. It was, however, stated that according to rules, she will be entitled for the amount deposited in provident fund for which she should fill up final withdrawal for of G.P.F. so that further action may be taken accordingly. Learned Government Pleader No. VII has submitted that the amount of provident fund has already been paid to the petitioner. A photo copy of the same has been annexed as annexed A to the supplementary counter affidavit filed today.

(3.) IT appears that the petitioner being faced with the situation of starvation filed an application before the respondents and lastly, before the Lokayukta for a direction to the respondents for payment of retirement benefits of her husband. It is stated that the petitioner 's husband (since mentally sick) was not in a position even to apply for his retrial dues or any other emoluments which are payable to him under the rules. It is further claimed that the petitioner made frequent applications to the Director General of Police, the Senior Superintendent of Police and the Deputy Inspector General of Police Chhota nagpur Region, Ranchi and Lokayukta the details of which are mentioned in paragraph 8 of the writ petition. On failure to get redressal from the said authorities, she moved the District and Sessions Judge, Saran at Chapra in Guardian Case No. 27 of 1996 and after due consideration the learned Session Judge passed the order on 6.9.1997, contained in annexed 8. In the facts and circumstances, it was held that the husband of the petitioner is mentally unsound and is unfit to work in service. Under the circumstances, the husband of the petitioner was declared mentally sick and she being the closest one and guardian of her husband was appointed as legal guardian of her husband to look after the welfare and property of her husband. Accordingly, the Sessions Judge directed for issuance of guardian certificate to the petitioner.