REETA KUMARI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE delay in filing the appeal is condoned.

(2.) THIS is a matter of grant of family pension. The issue is that the husband of the petitioner -appellant died in an encounter with extremists. He was a policeman. Regard being had to the circumstances of his death, the State granted his widow a higher amount of pension to mitigate the premature death and the tragedy in the duty of the State to be killed in a State where the taw and order situation is questionable.

(3.) THE grant of such pension basically at times is a political act. A promise made, acted upon and honoured is not to be retrieved subsequently because this is fooling a government servant and his family. Once the State had granted the widow a family pension and a little extra regard being had to the circumstances of the death further that payment was made year by year, to retract it would be a dishonourable act. The question is not of law. The State is estopped from retrieving its promise. There is no mischief, fraud or collusion in this matter.