POONAM KUER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present L.P.A. has been filed by the petitioner-appellant herein against the order dated 29.11.2002 passed in C.W.J.C. No. 5716 of 2000 dismissing the writ petition.

(2.) The case of the appellant is that her husband, who was an Assistant Teacher, died-in-harness on 23.5.1973. She applied for consideration of her case for family pension which was sanctioned and paid to her from 23.5.1974 up to February, 1994. However, in the year 1993 Respondent No. 3 has issued a letter dated 13.12.1993 directing respondent no. 2 to stop payment of family pension to the appellant. In pursuance of that letter respondent no. 2 sent a letter dated 15.12.1993 to the Branch Manager, Central Bank, Mastichak to stop family pension to the appellant and accordingly family pension of the appellant was stopped from March, 1994. As several representations filed by the appellant was not responded by the official respondent she has chosen to file the writ petition.

(3.) The learned Single Judge having heard counsel for the parties has chosen to rely upon a judgment of this Court in the case of State of Bihar vs. Arya Devi ,2001 2 BLJ 126 and has held that according to the said judgment in case of such employee there is no entitlement of family pension which became available only from 1.4.1976.