ITI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is the widowed wife of one Rajendra Prasad who died as a Government employee in the Work-Charged Establishment. After his death, the petitioner was paid the amount of his (i) G.P.F. and (ii) group insurance amounting to Rs. 33,142/- and Rs. 39,359/- respectively. She now presses her claim for payment of (i) family pension, (ii) gratuity and (iii) leave salary. The respondent authorities take the stand that the retiral/death benefits claimed by the petitioner are not admissible to an employee in the Work-Charged Establishment.

(2.) The facts of the case are brief and without controversy. The deceased husband of the petitioner (Rajendra Prasad) was taken in the Work-Charged Establishment in the pay scale of Rs. 155-199/- by an office order issued by the Executive Engineer, Building Construction and Housing Department, Building Division, Patna, under his memo No. 362, dated 24-1 -1980 (Annexure 1). (From the office order, it appears that before being inducted into the Work-Charged Establishment, he was working as Mazdoor on daily wages but the period for which he worked on daily wages is not stated anywhere). The office order further stipulated that his engagement in the Work-Charged Establishment was in anticipation of the approval by the Superintending Engineer, South Bihar Circle, Patna. There is not material on record to show that the anticipated approval was ever received from the named authority.

(3.) In due course his G.P.F. account was opened and deductions were made from his salary for deposits in the G.P.F. account. He was also given the benefit of revision of pay-scale as per the recommendations of the 5th Pay Revision Committee.