CHANDRA KANTA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioner is aggrieved by the order contained in Memo No. Pen. 12 -240 dated 16.11.95 (Annexure 5) passed by the Accountant General (respondent no.5) stating therein that the petitioner is not entitled for family pension on the ground that her husband died on 1.8.1973, whereas the family pension is admissible only in such cases where the employees retired on or after 31.3.1976.

(2.) IN short the relevant facts are that the petitioner 'shusband was teacher in the elementary school taken over by the State Government under the Bihar Non -Government Elementally School Taking over of Control Act, 1976 with effect from 1.1.1971.

(3.) THE learned counsel for the State has relied upon the Division Bench Judgment of this Court in the case of Sona Devi vs. State of Bihar & Ors. reported in 1998 (1) P.L.J.R. 668. This Court in the case of Lalita Devi vs. State of Bihar & others (supra) explained the matter and held that there being no statutory rule issued by the State Government under the 1976 Act, contrary to 1964 Rules, the exercise of discretion in fixing 1.4.1976 as cut off date for the grant of pensionary benefit is in complete negation of the principles governing Articles 14 and 16 read with Articles 38, 39. and 41 of the Constitution of India. It was also held that the 1977 instructions only relate to grant of the pensionary benefits to the teachers of the schools taken over by the said 1976 Act and not for grant of the benefit of family pension. It was also held that in any view of the matter once after take over of the schools with effect from 1.1.1971 by the 1976 Act the teachers of such schools became Government servants with effect from 1.1.1971, on which date 1964 scheme for grant of family pension in case of death of a Government servant was in force, the family of such teachers, who died in harness after 1.1.1971, became entitled for grant of family pension and they cannot be denied of the said benefit under 1977 instruction.