MASOMAT KAMLA DEVI Vs. SANGITA KUMARI DAUGHTER

JUDGEMENT

(1.) PETITIONERS through this writ application have prayed for a direction to the respondents for payment of the retiral dues and family pension.

(2.) THE husband of the petitioner No. 1 and father of the petitioner Nos. 2 & 3 was a Teacher in a privately managed school through its Managing Committee namely, Middle School, Bind, Asthawan, District - Nalanda, an aided elementary school. The deceased employee on attaining the age of superannuation retired on 31st August, 1980. The school in question was Nationalized under the Provisions of Sub -section 2 of Section 3 of the Bihar Non -Government Elementary Schools (Taking over of control) Act, 1976 (hereinafter referred to as the 'Act') vide letter dated 01.12.1980 issued by the State Government as contained in Annexure -10. Pursuant to the above letter the school was finally taken over w.e.f. 22.12.1980 after the movable and immovable properties of the school were handed over to the concerned authority of the State Government vide Annexure - 11. The deceased employee died on 07.10.1995. The fact not in dispute that the deceased employee after his retirement on 3 1.08.1980 till his death at no point of time claimed for payment of the retiral dues. The petitioner No. 2, the daughter of the deceased employee, for the first time started claiming for payment of the retiral dues of her deceased father as also claimed for payment of family pension w.e.f. 0 1.09.1980 in favour of the petitioner No. 1 the widow of the deceased employee. The petitioners having not received the claims filed this writ application seeking direction for payment of the pensionary benefits.

(3.) LEARNED Counsel for the State on the other hand submits that admittedly the deceased employee realizing the fact that he being not a government servant on the date of his retirement from the privately managed school on 3 1.08.1980 did not claim for payment of the retiral dues from the State Government even during the long span of time after his retirement till his death in the year 1995. It is further submitted that the petitioner also did not lay any claim for payment of the retiral dues or family pension till 22.09.2004 when the petitioner No. 2 submitted an application before the District Superintendent of Education, Biharsharif, Nalanda. It is further submitted that mere recommendation by the District Committee for taking over the school from the private management indicating the date of take over is not the final. The final decision rests with the State Government with respect to accepting the recommendation including the date of take over of the concerned school. Reliance is placed on the decision of Apex Court in the case of State of Bihar and Ors. v. Ramdeo Yadav and Ors. as reported in, 1996(2) PLJR (SC) 35 as also on a full Bench decision of this Court in the case of Sri Sidheshwar Prasd and Ors. v. The State of Bihar and Ors. as reported in : 1999(3) PLJR 490. In the instant case admittedly the State Government took such decision vide letter dated 01.12.1980 as contained in Annexure - 10 and stipulated that take over of the school would be effective from the date when the managing committee of the school hands over the assets of the school. The same having been handed over on 22.12.1980 as such the final date of take over of the school in question is 22.12.1980. Notwithstanding the above, it is further submitted that the writ application has been filed after in -ordinate delay without any valid justification for the same, and as such, the writ application deserves to be dismissed on merits as well as on the ground of delay.