BINDHYA BASINI MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioner is widow of the decesed Government servant late S.N. Mishra, who died while performing his duty as a result of attack by the extremists on 16.8.1997. The deceased husband was Superintending Engineer at the time of his death in the Department of Water Resources at Palamau.

(2.) IT appears that the Bihar Engineering Service Association moved for grant of ex -gratia payment to the widow petitioner on account of killing of her husband by the extremists and the State Government paid Rs. 10 lacs as ex -gratia payment and also sanctioned payment of family pension vide Annexure 15, which the petitioner is already getting. The petitioner, however, in the present writ petition has claimed that besides the said payment she is also entitled to get family pension under extraordinary rules equal to the full pay last drawn by the deceased Government servant until her life or remarriage.

(3.) A counter affidavit has been filed on behalf of respondent nos. 1 to 4 in which the said respondents have denied the existence of any such rule. In the supplementary counter affidavit the said respondents though have admitted that the husband of the petitioner was killed by the extremists while on duty, but they have specifically stated that there is no such provision in the Bihar Service Code. The only provision is for appointment of the widow of the deceased on compassionate ground, or on her recommendation, of the dependant of the deceased as per Government Circular. The respondents have further explained about the calculation on which the said ex -gratia payment was made to the petitioner.