MOSTT. PUSPA NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Virendra Prasad, learned counsel for the petitioner and Mr. Ramadhar Singh, learned GP-25, for the State.

(2.) The petitioner is the wife of late Dr. Nagendra Nath, who was working as Civil Surgeon, Sadar Hospital, Bhabhua and subsequently been posted as Regional Deputy Director, Health, Darbhanga Division, Laheria Sarai and finally superannuated on 31/1/2003, has filed present writ petition seeking a direction upon the respondents to ensure fixation of pension of her late husband in the pay scale of Rs.14,300.0018,300/- on 1/2/2003 and to pay all the differential amount of pension, gratuity and leave encashment by treating her husband superannuated as Regional Deputy Director, Health, Darbhanga Division, Laheria Sarai and be further directed the respondent Accountant General, Bihar to ensure issuance of Pension Payment Order in the revised pay scale of Regional Deputy Director and to make the payment of arrears of pension/family pension to the petitioner.

(3.) The facts, which led to the filing of the writ petition in narrow compass is that the petitioner's husband was appointed as Medical Officer on 27/5/1971 and posted at Primary Health Centre, Bodh Gaya, District Gaya. Subsequent thereto, the petitioner's husband was promoted to the post of Senior Medical Officer and further as Deputy Chief Medical Officer. While the husband of the petitioner was working as Deputy Chief Medical Officer, the State respondent authorities considering his performance recommended his name for promotion to the post of Civil Surgeon and finally promoted to the post of Civil Surgeon in the pay scale of Rs.12,000.0016,500/-in the year 2001, but has been allowed salary in the lower pay scale of Rs.10,000.0015,200/-.