SHANKAR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) LATE Chhabi Lal Prasad was the Headmaster of Middle School, Siswadharhi in Ghoghardiha Block of Madhubani District. There is no dispute that on 31st December, 1974, late Chhabi Lal Prasad was appointed as the Headmaster of the said school. While in service, late Chhabi Lal Prasad died leaving him surviving his sons, being the petitioners Nos. 1 and 2 and his widow, being the petitioner No. 3. The petitioners thus applied for grant of retiral/terminal dues due to late Chhabi Lal Prasad, as his heirs, and also family pension due to the petitioner No. 3. By Annexure 1 to the writ petition dated 10th April, 2002, the Accountant General, Bihar raised an objection to the effect that late Chhabi Lal Prasad was not entitled to the remuneration as was given to him on 31st December, 1974, and accordingly returned the papers of the petitioners to the appropriate department of the State for effecting necessary corrections in the service book of late Chhabi Lal Prasad as well as for fixing his salaries in the correct scale with a direction for recovery of excess drawn by late Chhabi Lal Prasad during his lifetime. This letter dated 10th April, 2002 has resulted in filing, of the present writ petition.

(2.) IN the service book of late Chhabi Lal Prasad it has been recorded that by an order dated 13th June, 1979, the District Superintendent of Education, Madhubani authorised payment of the salaries of late Chhabi Lal Prasad in the scale of Selection Grade with effect from 1st April, 1979. This part of the service book is Annexure 16 to the writ petition. It appears from the said entry in the service book that late Chhabi Lal Prasad was paid salaries in the Selection Grade with effect from 1st April, 1979 on the authority of the District Superintendent of Education, Madhubani.