SHYAM SUNDERI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the part of the judgment dated 25.1.2000, passed by a learned Single Judge in C.W.J.C. No. 5468 of 1997, whereby he has set aside the direction given in the order of the Lokayukta dated 12.12.1991 (Annexure-7 to the writ application) regarding deduction of 1/3rd of the salary of Ram Ganesh Rai (respondent No. 8 herein) and payment of the same to Shyam Sunderi Devi, his step-mother (appellant herein).

(2.) THE facts necessary for the disposal of the present appeal are that Rajendra Rai was an employee of the State Government and he died in harness in the year 1985 leaving behind his two widows, namely, Shyam Sunderi Devi (appellant) and Mukhiya Devi. Ram Ganesh Rai is the son from Mukhiya Devi, whereas, Smt. Bibha Kumari is the daughter from Shyam Sunderi Devi. Respondent No. 8 Ram Ganesh Rai was appointed on compassionate ground on 22.6.1990.

(3.) RESPONDENT No. 8 Ram Ganesh Rai challenged the aforesaid order of the Lokayukta before the learned Single Judge and the learned Single Judge upheld the other directions given by him, but set aside the direction with regard to payment of 1/3rd of salary of respondent No. 8 to the appellant on the ground that there is no provision under which a direction can be made for payment of 1/3rd salary of respondent No. 8 to the step-mother.