KUMUD DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties. This writ petition has been preferred with the prayer to direct the respondent authorities to grant the post-retirement benefits and family pension admissible to the petitioner's late husband and his heirs.

(2.) According to the writ petition, the petitioner is the widow of late Bhola Singh who was a Class IV employee of the Bihar Government and died in harness. He had joined the Public Health and Engineering Department, Government of Bihar, on muster roll in 1981. By office order No. 127, dated 16-3-1988 (Annexure 8), he was appointed on the work charge establishment of the said department, the relevant portion of which is set out hereinbelow for the facility of quick reference:-- ..(Verunacular Matter Omitted).. While working in such capacity, Bhola Singh died in harness on 20-10-1998. According to the petitioner, she has so far been paid only the proceeds of the provident fund, has not been paid group insurance nor the family pension, it is, therefore, submitted on behalf of the petitioner that appropriate direction may be given to the respondent authorities to sanction and release these benefits to the petitioner as the widow of late Bhola Singh. He relies on the circular of the Finance Department, Government of Bihar, dated 23-10-1997, as well as the following reported judgments:

(3.) Learned SC III for the State Government submits submits that the petitioner was on work-charge establishment, had not completed ten years of continuous service and, therefore, the petitioner is not entitled to family pension in view of the nature of employment of her late husband and the total length of service he had put in as an employee of the State Government. He further submits that regular employees get salary from the Revenue of the State, whereas work-charged employees get it from the funds allotted to the Scheme. In order to be entitled to pension/family pension, employee must be holder of a civil post. A work-charged employee like the petitioner is not the holder of a civil post. He submits that the provident fund has already been paid to the petitioner, and the proceeds of the group insurance is being processed.