RAJPATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has prayed for quashing the Memo Pen- 12-1009 dated 21.10.2009 issued from the office of Accountant General, Bihar, Patna by which and where under the Accountant General, Bihar, Patna refused to reckon the period of service of petitioner's husband from 16.10.1973 to 31.03.1975 on the ground of letter no. 1419 dated 24.08.2007 issued by the Director, Primary Education, Bihar, Patna and accordingly, refused to grant retiral and other benefit to the petitioner's husband with effect from 16.10.1973.

(2.) Petitioner's husband was appointed as Untrained Assistant Teacher on 03.10.1973 under the scheme of special employment on the basis of stipend by the District Superintendent of Education, Munger. The petitioner's husband joined on his post on 16.10.1973 in Primary School, Sayarbigha, Kajra under Munger District (now the aforesaid school falls under the jurisdiction of District-Lakhisarai). The service of petitioner's husband was regularized from 01.04.1975. The petitioner's husband superannuated on 31.01.2001 but after his superannuation, the concerned department counted the service of petitioner's husband for pensionary benefits from the date of his regularization and, accordingly, provisional pension and other retiral benefits were sanctioned to him. The petitioner's husband made several representation for counting his service with effect from 16.10.1973 but no heed was paid by the concerned department and, thereafter, the petitioner's husband filed CWJC No. 10309 of 2005 before this Court for redressal of his grievances. The aforesaid CWJC No. 10309 of 2005 was disposed of by a Bench of this Court directing the District Superintendent of Education, Lakhisarai to consider and dispose of representation of petitioner's husband dated 23.09.2004 and if petitioner's husband is held entitled to include the service rendered from of his initial date of appointment for the purposes of pension, then the financial benefit there under should also be paid to him. In the meantime, unfortunately, the petitioner's husband died and thereafter, petitioner produced the copy of order dated 14.02.2007 passed in CWJC No. 10309 of 2005 before the District Superintendent of Education, Lakhisarai for consideration of representation dated 23.09.2004 in the light of direction given by this court in CWJC No. 10309 of 2005 but no action was taken by the District Superintendent of Education, Lakhisarai. However, after long time, the District Superintendent of Education, Lakhisarai sent a letter to the office of Accountant General, Bihar, Patna for revision of pension and other retiral benefits of petitioner's husband but the Accountant General, Bihar, Patna in response of above stated letter of District Superintendent of Education, Lakhisarai issued the Memo Pen-12-1009 dated 21.10.2009 which has been challenged in this writ petition.

(3.) Counter affidavit has been filed on behalf of respondent no. 3 and it has been averred in the aforesaid counter affidavit that after retirement of petitioner's husband, his service book along with relevant pension papers were sent to the Accountant General, Bihar, Patna sanctioning the pension of petitioner's husband with effect from 16.10.1973 but the Accountant General, Bihar, Patna by his impugned Memo No. 12- 1009 dated 21.10.2009 raised objection to this effect that the pension of petitioner's husband was admissible with effect from 01.04.1975 in the light of letter no. 1419 dated 24.07.2007 of Director, Primary Education, Bihar, Patna. It has also been averred in the counter affidavit that the Director, Primary Education, Bihar, Patna has given certain guidelines in the above stated letter and it has been directed by the Director, Primary Education, Bihar, Patna that the service rendered by the teachers on stipend basis shall not be taken into consideration for the purpose of fixation of pension and, therefore, the Accountant General, Bihar, Patna rightly refused to count the service of petitioner's husband with effect from 16.10.1973.