LAWS(PAT)-2005-10-33

ROOPKALI KUER Vs. STATE OF BIHAR

Decided On October 25, 2005
Roopkali Kuer Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order by which a learned Single Judge of this court dismissed the writ petition filed by the appellant -petitioner and declined to accept her claim for grant of family pension for the death of her husband who, according to the respondent State, was working at the time of his death on 7.3.1973 in the work -charged establishment.

(2.) THE facts of the case are brief and simple. Ram Ayodhya Tiwari, the deceased husband of the appellant was engaged on 6.2.1967 to work as Helper -cum -Jeep Driver in the work -charged establishment in Ganga Project of the Irrigation Department. He was engaged by the Executive Engineeer, Main Western Canal Division, Balmikinagar. From the Main Western Canal Division, Balmikinagar, he was transferred to Canal Main Division, Raxaul which was later renamed as Ghora Sahan Canal Division, Raxaul. Later, by office order issued by the Executive Engineer under his memo no. 3585, dated 8.12.1970 he was promoted with effect from 1.12.1970 to the post of Tractor Driver in the work -charged establishment in the scale of Rs. 100. -212 -230/ -. He was working in that capacity when he died in a road mishap on 7.3.1973. After his death the appellant, his widowed wife gave birth to a male child.

(3.) ON behalf of the State the appellants claim was resisted on the ground that pension/family pension was not available to employees in the work -charged establishment and since Ram Ayodhya Tiwari, at the time of his death, worked in the work -charged establishment, his widow, the present appellant was not entitled to any family pension.