MALTI DEVI Vs. CHAIRMAN B S E B

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the counsel appearing for the Bihar State Electricity Board.

(2.) THE petitioner is the widow whose husband retired on 31.7.1994 from the post of Junior Line Man from the office of Executive Engineer, Electric Supply Division, Sasaram. After retirement he died on 24.10.1996. Petitioners case is that he was not paid his pension and pensionary dues after his retirement.

(3.) COUNTER affidavit has been filed by the Board stating that the petitioner has been paid arrears of pension from the period 1.1.1996 to 31.7.2000. Arrears of pension for the period 1.8.2000 to 28.2.2002, G.P.F. amount, Gratuity have been paid and pension is being paid to the petitioner regularly. Regarding the revised pay scale with effect from 1.1.1996, it is stated that the petitioner is not entitled for the same as the petitioners husband retired on 31.7.1994, much before 1.1.1996. So far revised pension with effect from 1.1.1986 is concerned in view of the Boards decision/Notification No. 124 dated 18.4.2001, upheld by a Division Bench judgment of this Hon ble Court dated 4.2.2003 passed in L.P.A. No. 343 of 2002. Payment of pension and other retiral dues in the revised scale of pay shall be made by the department after the final distribution of the assets and liabilities is completed by the Central Govt. in terms of the provisions as contained in the Bihar Reorganization Act.