RAJWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner, who is the widow of Late Gurudeo Prasad Singh who retired as an Assistant Teacher from Government Middle School, Manpura, Vaishali on 1.3.1974 and ultimately died on 19.6.1981, has prayed for issuance of an appropriate writ/order/direction to pay her the family pension since after the death of her husband.

(2.) IN short, the relevant facts are that the husband of the petitioner was initially appointed as teacher in the school when it was privately managed. Later, with all other Middle Schools, the school in question was also taken over by the State Government with effect from 1.1.1971 by 1976. Act and such teachers became Government servants with effect from 1.1.1971, on which date 1964 Rules for grant of Family Pension was in force.

(3.) LEARNED Standing Counsel No.Ill appearing for the State has submitted that the view taken in the case of Lalita Devi vs. State of Bihar (supra) is contrary to the decision taken by the Division Bench of this Court in the case of Sona Devi vs.State of Bihar, reported in 1998(1) PLJR 668, as well as a subsequent decision of the learned single Judge of this Court in the case of H.K.Tripathi vs. State of Bihar, reported in 1999(2) PLJR 444. Accordingly, it has been submitted by the learned Standing Counsel No.Ill that in view of the decisions of the Apex Court in the case of State of U.P. vs. C.L. Agrawal, reported in (1997)5 SCC 1 and in the case of State of A.P. vs. V.C. Subbarayudu, reported in (1998)2 SCC 516, the matter requires consideration by a larger Bench.