USHA VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Keshava Srivastava for the petitioner, learned J.C. to AAG -2 for respondent nos. 1 to 7, and learned Addl. Standing Counsel for respondent no. 8 [the Accountant General (Accounts & Entitlement), Bihar]. This writ petition has been preferred with the prayer for an appropriate direction to the respondent authorities to release the post -retirement benefits and/or family pension admissible to the petitioner in the capacity of the widow of late Kaushal Kumar Verma. Respondent nos. 1 to 7 have filed counter affidavit.

(2.) ACCORDING to the writ petition, the petitioner is the widow of late Kaushal Kumar Verma, who was in the employment of the State Government. He had joined the office of the Civil Surgeon, Chapra, as a Clerk on 29.12.60 and worked as such till 16.7.76 He was transferred in the same capacity to Mashrakh, district Chapra, on 17.7.76, but did not join his new place of posting. After a lapse of 11 years, Kaushal Kumar Verma reported in the office of the Civil Surgeon, Chapra. He was not allowed to join, and the latter instead sent his communication dt. 19.10.87 (Annexure -4) to the Director of Health Services, Government of Bihar, that the petitioner has not carried out the transfer order till then and has instead reported for duties in the same office after a lapse of about 11. years. The letter further noted that the post on which he had last functioned is occupied by some other person and, therefore, there is no vacancy on the post of Clerk in his office. This was followed by letter bearing memo no. 4041, dt. 30.12.87 (Annexure -5), from the Civil Surgeon to Kaushal Kumar Verma informing him of the said communication dt. 19.10.87 (Annexure -4). Kaushal Kumar Verma reached the age of his superannuation on completion of 58 years on 31.12.94 and died on 20.12.98. The petitioner complains before this Court that the post -retirement benefits and/or the family pension admissible to Kaushal Kumar Verma and/or his heirs are not being paid in spite of persistent efforts. Learned counsel for the petitioner submits that the petitioner 's late husband had rendered devoted an unblemished service from 29.12.60 to 16.7.76. He relies on the following reported judgments of this Court:

(3.) I have perused the pleadings on record and considered the submissions of the learned counsel for the parties. Learned counsel for the petitioner is right in his submission that the State Govt. did not take any action in accordance with law for the refusal on the part of Kaushal Kumar Verma to carry out the order of transfer, nor was any action taken for his unauthorised absence from 17.7.76 till 31.12.94. Had any action been taken as per the provisions of the Bihar Service Code , it would have been open to the respondent authorities to pass an order of dismissal, removal or reduction in rank and/or to deprive him of the benefits of past services. In the absence of any such action, he cannot be deprived of the same. Learned counsel for the petitioner has, therefore, rightly placed reliance on the two judgments of this Court in Ramanand Singh (supra) and Sidhnath Upadhya (supra). It, therefore, follows as a matter of natural corollary that in the present situation, the petitioner, being the widow of the employee, is entitled to all the post retirement benefits and/or family pension admissible to her late husband or herself for the services rendered by him for the period 29.12.60 to 16.7.76. In that view of the matter, the respondents authorities are hereby directed to release the entire post -retirement benefits including the family pension admissible to the petitioner in the capacity of widow of late Kaushal Kumar Verma for the services rendered by the latter for the period 29.12.60 to 16.7.76. The petitioner shall be entitled to interest at the statutory rate on the G.P.Fund till the date of payment. This Court will be pleased if respondent no.4 (the Director -in -Chief, Department of Health, Medical Education and Family Welfare, Bihar), respondent no.5 (the Civil Surgeon -cum -Chief Medical Officer, Chapra), respondent no. 7 (the District Provident Fund Officer, Chapra), and respondent no. 8 (the Accountant General,Bihar) ensure compliance of this order within a period of three months from the date of receipt and/or production of a copy of this order.