MOSSOMAT MAYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Today a counter affidavit has been filed by Respondent No. 2, the Dy. Inspector General (Human Rights), Bihar Patna wherein it has been categorically stated that instructions have been given to the Superintendent of Police, Bhagalpur to make payment of all dues of the late husband of the Petitioner including the sanction of family pension in favour of the Petitioner from due date. Some facts are relevant to be stated or reiterated.

(2.) The husband of the Petitioner was a clerk in the office of Superintendent of Police at Bhagalpur. During his service period he was put under suspension in the year 1961 and by order dated 19.2.1963 he was dismissed from service. A departmental appeal was preferred but the order of dismissal was retained. Then the husband of the Petitioner filed a suit challenging the order of dismissal. The suit was decreed in favour of the husband of the Petitioner but on appeal being preferred by the State of Bihar the decree passed by the trial Court was set aside. Then the husband of the Petitioner Tilakdhari Pd. Singh preferred second appeal before this Court being Second Appeal No. 184 of 1981. During the pendency of that appeal the husband of the Petitioner Tilakdhari Pd. Singh died and his heirs were substituted. Ultimately the appeal was disposed of on 25th April, 1985 by setting aside the first appellate Courts order and confirming the original decree i.e. the order of dismissal of the husband of the Petitioner was set aside. After that judgment was passed definitely the husband of the Petitioner was entitled for the salary for the period for which he was put under suspension in the year 1961 till the date of his superannuation and after the date of superannuation he was also entitled to get all retiral benefits including fixation of pension. After the death of the husband of the Petitioner legally the Petitioner is so entitled to family pension but nothing has been done up-till-now. Responsibilities were being shifted by the S.P. Bhagalpur to S.P. Purnia on the ground that the husband of the Petitioner was relieved from the office of the S.P. Bhagalpur and he was to join before S.P. Purnia. But no joining was made at Purnia but now all impasse has been resolved when D.I.G. has passed an order directing/instructing the S.P. Bhagalpur i.e. the Respondent No. 4 to make payment of arrears of salary of retiral dues of the husband of the Petitioner Tilakdhari Pd. Singh including fixation of his pension from due date of his superannuation and also for fixation of family pension in favour of the Petitioner i.e. the wife of Tilakdhari Pd. Singh from the date when he after retirement died. Only for the lethargic attitude of the Respondent the Petitioner had suffered for long two decades. In that way she is entitled to get proper compensation from the Respondent authorities. The writ petition is hereby disposed of directing the Respondent No. 4 to rise from slumber and act on the direction given by the D.I.O. (Human Rights) Patna and also as per order of this Court to pass necessary sanction order regarding the retiral dues of the late husband of the Petitioner, namely, Tilakdhari Pd. Singh including salary during the period of his suspension till the date of his superannuation within a period of two months from the date of the presentation of a copy of this order from the side of the Petitioner. It is made clear that while making payment and sanction all the pension and family pension the Petitioner shall be entitled not only the statutory interest wherever it is applicable according to rules from the date of due till the date of realisation but she shall also be entitled to a penal interest at the rate of 12 1/2% per annum from the date of due till the date of realisation.

(3.) The writ petition is thus, disposed of.