KAUSHLYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Jagdish Prasad Singh, learned cousel for the petitioner and Md. Fazle Karim, learned AC to SC-1.

(2.) By invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution, the petitioner, who is hapless widow of late Late Ram Vilash Ram @ Ram Nandan Singh seeks direction upon the respondents to pay to her family pension, death-cum-retiral gratuity, leave encashment salary and group insurance etc. with effect from 3/3/2002, the date on which her husband, who was ASI of police, declared civil death, during his service period.

(3.) The undisputed facts is that the husband of the petitioner had joined the police service on 14/9/1976 on the post of constable pursuant to the Katihar Rail District Order No. 527/76 dtd. 14/9/1976. After serving so many places, the petitioner's husband was transferred from Balrampur police station to Salmari O.P. vide District Order No. 1763/1994 dtd. 1/9/1994 and accordingly he submitted his joining at Salmari O.P., as Assistant Sub-Inspector of police. On 3/3/1995, he left the Salmari O.P. to Katihar for certain necessary work at 9.00 A.M, but could not return back till 7/3/1995 and, as such, having found him trace less, Station Diary Entry No. 131 dtd. 8/3/1995 was registered for disappearance of late husband of the petitioner and a Special Messenger was deputed for Katihar, his native village and other place to get information about him, but his whereabouts could not be traced out.