MAYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the prayer on behalf of the petitioner is to issue an appropriate writ, order or direction commanding the respondents to pay due salary, retirement benefits e.g. gratuity, earned leave salary, provident fund amount, besides the payment of salary of her deceased-husband till his date of retirement, i.e., 30.11.2013 and also to enhance the amount of ex-gratia grant and pay its remaining sum.

(2.) The petitioner is the widow of Late Ramanand CSiri, who was shot dead on 26.11.1989 during the general election of Parliament in the year 1989 while working as Presiding Officer at Polling Booth No. 197 situated at Primary School. Aalahganj within 244 Assembly Makhdumpur constituency. The petitioner's husband at that time was working as Assistant Teacher in Shri Raghav High School, Anandpur, P.S, karpi in the district of Jehanabad. The deceased left behind him his wife (the petitioner) and three minor children, namely, Viveknnand (son), Viinla Kumari and Nirmala Kumari (daughters).

(3.) In the show cause filed on behalf of the Director, Secondary Education, Government of Bihar, Patna (respondent No. 2), it is admitted that during the said Parliamentary elections, the petitioner's husband was shot dead by some anti-social elements. It is further stated that after the death of the petitioners husband a sum of Rs. 1,00,000.00 as ex-grutia grant was paid to her in January and February 1990. besides a sum of Rs. 96,000.00 against group insurance scheme. It is also stated that the petitioner has been appointed as an Assistant Teacher in Primary School in the month of September 1991 on compassionate ground. It is admitted that the petitioner submitted the final withdrawal of G.P.P. amount. bin the same was not paid as she has requested the Field Officer not to settle the claim of G.P.F. However, in spite of her request, the final sanction order was issued for payment of G.P.F. amount by the Under-Secretary to the Government. vide letter dated 25.10.1999.