PRATIMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, widow of Late Uma Kant Jha preferred C.W.J.C. No. 8185 of 1998 before this Court for grant of retrial benefits by way of Gratuity, Family Pension and Provident Fund as also the arrears of pension as was due to her husband since 8th November, 1974, i.e. the date the husband died in harness. The Court taking into consideration, direction of the: Chairman, District Education Establishment Committee given to the D.S.E., as contained in Annexure -A to the writ petition for ad hoc payment of Gratuity and Family Pension directed the D.S.E. to finalise the pensionary benefit, as referred in the said order with further direction to pay the same within three months. The case was disposed of on 12th April, 1999. On notice, the 5th respondent, A.G. Bihar filed counter affidavit and made statement that the Gratuity and Provident Fund had been sanctioned after the Court 's order in May -June, 1999. The counsel for the petitioner submitted that the family pension was not paid.

(2.) THE D.S.E., Dumka on notice appeared and submitted that the petitioner was not entitled for family pension, her husband having died on 8th November, 1974 i.e. prior to 1st April, 1976, i.e. the date the family pension scheme was made applicable to the teachers of Non -Government Taken Over School.

(3.) IN support of contention relating to grant of family pension while counsel for the petitioner relied on Bench decision of this Court in Dharmendra Kumar Choudhary and ors. vs. The State of Bihar and ors. reported in 1997(1) B.L.J. 233 and the case of Lalita Devi vs. The State of Bihar reported in 1999(3) P.L.J.R. 236; on the other hand, the counsel for the State relied on Bench decision of this Court in the case of Sona Devi vs. The State of Bihar and ors. reported in 1998(1) P.L.J.R. 668 and unreported decision in the case of Smt. Annu Devi vs. The State of Bihar and ors. (C.W.J.C. No. 11861/97) disposed of on 16th September, 1998.