SHARDHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is barred by limitation.

(2.) AFTER having heard learned counsel for the parties and taking into consideration the averments made in the limitation petition, we are of the view that sufficient ground has been made out to condone the delay in filing this appeal. Accordingly, the delay in filing this appeal is condoned.

(3.) THE question in this case lies in a narrow compass. The appellant is in government service. Her husband was also in government service. After the death of her husband, she was getting family pension. The only controversy is as to whether on family pension she is entitled to dearness allowance or not. The learned Single Judge rejected the said prayer relying upon the circular of the State Government dated 9.5.1991 wherein paragraph 2 thereof provides inter alia that dearness allowance on the family pension shall be denied to a person if he has been re -employed or employed in State Government service or Central Government Service or its department etc.