JAREENA KHATUN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONER claims to be widow of late Jameel Ahmad. She claims that her husband was a constable under Superintendent of Police, Rail, Katihar and while in service he became traceless in July 1977. Petitioners case is that her husband has not been heard of or traced so far and hence as per law he should be presumed to be dead and on that basis petitioner should be held entitled for benefit of family pension and other death -cum -retiral benefits from the date on which he may be presumed to be dead in the eyes of law. Petitioners grievance is that her claims have not been disposed of by the respondents inspite of representations. Petitioner has placed reliance upon a judgment and order of this court passed in CWJC No. 1547/90 (R) (Smt. Dhanwantri Devi V/s. State of Bihar) as contained in annexure -4 to the writ petition and upon a reported judgment of this court in the case of Dropadi Devi V/s. The State of Bihar, 1997 (1) BLJ 662. According to learned counsel for the petitioner petitioners case is fully covered by the aforesaid judgment and she is entitled to get the similar reliefs.

(3.) IN the facts of the case, no useful purpose will be served by keeping this writ petition pending. Moreover, certain facts have to be ascertained by the authorities for applying the principles settled by this court in the two judgments mentioned above. Accordingly, this writ petition is disposed of with a liberty to the petitioner to file a fresh representation along with a copy of this order before respondent no. 3, the Director General of Police, Bihar, Patna and respondent no. 9, the Superintendent of Police, Rail, Katihar who shall get the claims of the petitioner verified and dispose of her representation in accordance with law within a period of three months from the date of its filing. In case petitioners claim is found to be covered by the principle laid down by this court in the aforesaid two judgments then she should be granted all the necessary reliefs along with statutory interest wherever applicable within a further period of two months thereafter.