SHAKUNTALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner is aggrieved by the order contained in Memo. No. 776 dated 28.12.1999 issued by the Deputy Secretary, Personnel and Administrative Reforms Department, Government of Bihar (Annexure 4) denying payment of dearness allowance on the family pension admissible to the petitioner after the death of her husband Late Durga Ram who died in harness on 18.9.1993.

(2.) IT appears that the petitioner got employment in Government service vide order dated 27.8.1987 (Annexure 1) i.e. even before the death of her husband.

(3.) UNDER the above circumstances, this writ petition is allowed and the impugned order (Annexure 4) is quashed. The Secretary, Personnel & Administrative Reforms Department (respondent no. 1) is directed to issue fresh instruction to the Treasury Officer accordingly within three days of the receipt/production of a copy of this order. The Treasury Officer, Secretariat Treasury, Patna is directed to ensure entire payment of family pension with dearness allowance to the petitioner within three days of the receipt of the instruction from the Secretary.