NIRMALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed by the petitioner, who is widow of one Shashikant Choudhary, who was serving as Sub-Inspector of Police. She has filed the present writ application seeking direction to the State respondents to pay to her all retiral benefits, which her husband was entitled to receive and fix the petitioner's family pension accordingly.

(2.) There are certain facts, which are not in dispute. The petitioner's deceased husband was appointed as Sub-Inspector of police in the year 1981. He was made an accused in Boyarijor (Godda) P.S. Case No. 144/92 for the offences punishable under Sections 343 / 323 / 302 and 201 of the Indian Penal Code. He was convicted by the Trial Court and sentenced to imprisonment for life by the judgment and order of the Trial Court dated 25.04.2012. He was placed under suspension thereafter on 03.10.2012. During the period of suspension, he died on 03.02.2016.

(3.) A counter affidavit has been filed on behalf of the respondent State of Bihar, wherein it has been stated that no approval of payment of pension was granted by the Administrative Department, because the petitioner's husband was undergoing imprisonment. It is the case of the State of Bihar that in terms of Finance Department Memo No. 9505 dated 03.09.1964, benefit of family pension is not admissible to the spouse of such employee. It has been stated that cash equivalent to un-utilized earned leave, which the petitioner's husband was entitled to, has not been paid. An advisory has been issued by the Finance Department, Government of Bihar in this regard.