GANGOTRI DEVI SETH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner is the widow of late Parmeshwar Prasad, who was an employee of the erstwhile Bihar State Electricity Board, now known as North Bihar Power Distribution Company Limited. The husband died on 28.5.2001. She made a claim before the respondents for payment of dearness allowance on family pension, which was not being paid to her for reasons best known to the respondents. When the writ application was filed, a stand is taken by the respondents that the reason for non-payment of dearness allowance on family pension was that the petitioner herself was a government servant and was a teacher in a government school and she was drawing her own advantages thereof. She superannuated on 31.8.2009 and, therefore, she was not being given the benefit of dearness allowance twice over.

(2.) Yet another objection taken on behalf of the respondents in the counter affidavit is that she had made a claim after more than 10 years.

(3.) The justification for non-grant of dearness allowance on family pension seems to be in teeth of not only decision of the Hon'ble Apex Court but even certain decisions of the Patna High Court as well. In this regard counsel representing the petitioner is correct in bringing to the notice of this Court a Division Bench decision of this Court, which is the case of Smt. Shardha Devi vs. State of Bihar, 2002 3 PLJR 527as well as a decision of the Hon'ble Apex Court, which is the case of H.S.E.B. & Others vs. Azad Kaur, 2000 2 SCC 227.