LAWS(PAT)-2020-1-9

SURYAWANTI DEVI Vs. STATE OF BIHAR

Decided On January 06, 2020
Suryawanti Devi Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned AC to GP 4 for the State and learned counsel for the Accountant General.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The husband of the petitioner died during a raid to apprehend a criminal on 28.02.1993. Thereafter, the petitioner was given special pension under the 1984 scheme. However, when her claim to such payment under the 2005 scheme was not addressed, the petitioner moved the Court in CWJC No.4974 of 2017. By order dated 31.07.2019, the writ petition was disposed off with a direction to the authorities to ensure re-fixation of the family pension of the petitioner with regard to special/extraordinary pension. In that order, the Court had clearly indicated that the same would be as permitted by the Government resolution. The fact is that at the relevant point of time in view of the policy of the State Government of the year 1984, till seven years from the death, the special/ extraordinary pension was admissible and after that the beneficiary was entitled to only family pension. The same has been given to the petitioner in the present case.