SUSHILA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is by the widow of late Rajendra Prasad claiming salary of her late husband for the period 02.01.1998 to 28.01.2004 when he died in harness. She further claims death-cum-retiral dues as well. In the writ petition, it is stated that petitioner's husband had joined as an Assistant Teacher pursuant to letter dated 18.07.1984 on 25.10.1984. He was teaching in Primary School, Harna Hindi under Anchal-Jhajha now district-Jamui. It appears that on 17.05.1990, petitioner's husband was taken seriously ill resulting in paralysis. Leave application was submitted. It took several years for the petitioner to be rehabilitated from paralysis. On 02.01.1998, petitioner, along with medical report, gave his joining before the then District Superintendent of Education, Munger as Jamui was then a sub-division of Munger. He was not issued with any letter accepting his joining as correspondences then started in between the officers whether after such a long medical leave, he could be permitted to join. While these correspondences were being done, the petitioner's husband died of cardiac failure on 28.01.2004. Counter affidavits have been filed on behalf of the State and the Accountant General. In the counter affidavit of the State, the dates, as above, are not disputed. It is not disputed that petitioner's husband gave an application for medical leave and, thereafter, gave his joining in the year, 1998. In the counter affidavit by the State, it is admitted that there were series of correspondences in between the offices and ultimately the petitioner, without joining, died.

(2.) A counter affidavit has been filed on behalf of the Accountant General stating that having received the service book of the petitioner's husband, it was found that petitioner's husband had joined service in 1984 and then applied for medical leave in 1990. Thereafter, the service book does not mention anything much less about his rejoining. The service, thus, being only of five and half years, petitioner's husband would not be entitled to any retiral dues and the petitioner would not be entitled to any family pension as the minimum qualifying service is ten years.

(3.) Having heard the parties and considered the matter, in my view, though the Accountant General is correct in his stand, the legal position is otherwise. The Accountant General has spoken on basis of the records as before him. From the facts noted above, it would be seen that it is not in dispute that petitioner joined as an Assistant Teacher on a permanent post in the year, 1984. In 1990, he was taken seriously ill having been paralyzed. He informed the authorities and sought medical leave. It is not in dispute that in 1998, on the date noted above, he sought to join, gave a medical report but because of some inter-departmental confusion and correspondences, no formal joining order was issued. He died soon thereafter in the year, 2004.