PRAMILA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS in both these writ petitions the question involved is common, with consent of the parties, they have been heard together and are being disposed of by this common judgment/order.

(2.) IN both these writ petitions, the petitioners are widows of Headmaster and Assistant Teacher respectively. Husband of the petitioner in the first case (C.W.J.C. No. 8122 of 1998) died in harness on 26.1.1973 while posted in Primary School, Jagaidih, Ahchal Banka West in the district of Banka and the husband of the petitioner in the second case (C.W.J.C. No. 9018 of 1999) was an Assistant Teacher in Government Middle School, Lari, under Kurtha Police Station from where he superannuated on 30.11.1974 and subsequently, died on 25th August, 1980. both the Schools were initially a Non -Government Middle/Primary School under the control of respective District Boards of Bhagalpur and Gaya. Said Schools were taken over by the State Government with effect from 1.1.1971, vide the Bihar Non -Government Elementary Schools (Taking Over of Control) Act, 1976. The claim of the petitioners in both the writ petitions is that they are entitled to family pension since after the death of their husband, who retired/died from the Schools which were taken over by the State Government with effect from 1.1.1971 and thus became Government servants since that date.

(3.) THE question which falls for consideration thus is as to whether the petitioners whose husbands were teaching staff in the Middle/Primary Schools, which were taken over by the said 1976. Act. from a retrospective date i.e., with effect from 1.1.1971, can claim family pension since after the death/retirement of their husbands before the enactment of 1976 Take Over Act.