BHUBNESHWARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONER 's husband late Gangad -har Jha was retrenched in the year 1967. He died subsequently in the year 1995. After his death the petitioner filed representation for grant of family pension and some other reliefs. Thereafter she filed a writ application C.W.J.C. No. 3S52 of 1998 in this Court. Although such a writ application was filed after more than 30 years of retrenchment but probably in view of prayer for family pension this Court directed the petitioner to file representation before the authorities which was considered and some relief was granted to the petitioner by Director, Welfare, Patna vide order dated 8th March, 2000 as contained in Annexure -18. In this writ application the prayer is to direct the respondents to pay pension to the petitioner on the basis of order contained in Annexure -18 with interest and costs.

(3.) LEARNED counsel for the petitioner raised a grievance that amount of Rs. 100/ - per month is not adequate and it should be revised in view of a clause of Rule 46 of the Bihar Pension Rules which permits such compassionate allowance with only a rider that it should not exceed the two third of the pension which would have been admissible to the employee if he had retired on medical certificate.