BACHCHI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The controversy in this case relates to the settlement of death-cum-retiral dues of one Baranas Prasad Singh, the deceased husband of the Petitioner. He was posted as section Officer in the Accounts section of D.G. & I.G. (P), Bihar. He died, apparently suddenly, on 7.3.1998. At the time of death he was Incharge of the cash chest in the Accounts section.

(2.) As the dues of her husband were not paid to the Petitioner even after more than two years of his death, she filed this writ petition in this Court in July, 2000. In the writ petition it was stated that though the amounts of leave encashment and gratuity receiveable by her husband were sanctioned, the actual payment was not made to her, on 19.7.2000 the court allowed the State counsel four weeks' time to file counter affidavit. By the same order the concerned Respondents were directed "to grant the sanctioned amount to the Petitioner and also (to) fix family pension of the Petitioner within a period of four weeks from the date of the order".

(3.) On 10.12.2001 when the case was next taken up the court was informed that the sanctioned amounts of leave encashment and gratuity were still not paid to the Petitioner. An order was however, issued on 12.9.2000 for payment of provisional family pension to her @ 90%. The Petitioner brought that order on record as Annexure 10 to the supplementary affidavit and sought the court's permission to challenge the action of the concerned authorities in not giving full pension to her but allowing only provisional pension @ 90%. The case was once again adjourned with a direction to the State counsel to file counter-affidavit. On 9.12.2002 the State was further allowed a week's time for filing counter affidavit stating the up-to-date payment position of the retiral dues to the Petitioner.