CHINTA DEVI Vs. PRAMOD PANDEY

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and learned Counsel for the Respondent No. 1.

(2.) The present dispute is between a mother who is the Appellant and one of her several sons, the Respondent No. 1. It is unfortunate that in spite of our attempt, the dispute could not be settled amicably and we have to perform the unpleasant task of deciding what would be appropriate amount of maintenance to the Appellant from her son, the Respondent No. 1 who is in service due to death of his father in-harness.

(3.) From the submissions, it appears that father of Respondent No. 1 was a school teacher and died-in-harness in the year, 1994 and on compassionate ground the Respondent No. 1 was appointed as Assistant Teacher in September, 1995. It appears that there was a suit for partition filed by the Appellant in the year, 1999 and about the same time the Appellant approached the District Magistrate, Gaya with a grievance that Respondent No. 1 was not fulfilling his obligation to look after the family of her deceased-husband in spite of getting compassionate appointment. On her complaint, she was paid some amount by Respondent No. 1 as maintenance but ultimately, she faced difficulty in collecting the money and approached the Commissioner, Magadh Division to pass an order which has been communicated to the District Magistrate, Gaya through letter dated 9th December, 2000 contained in Annexure-1 to the writ petition Vide that order, 50 per cent of the salary of the Respondent No. 1 was to be deducted by the concerned authority and to be given to the Appellant.