RAJKALI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER is the widow of late Surendra Prasad Singh, who retired from the post of Senior Mechanic on 30.6.1998 and died on 25.8.2002. So far the retiral dues of late husband of the petitioner is concerned, that was paid and the petitioner has also been paid her family pension in the old scale. Petitioner has filed this application lor fixation of pension as well as other retiral dues of her late husband in view of the revision in pay scale of the Government employees with effect from 1.1.1996 and also for fixation of her family pension on the basis of revised pay scale. Prayer of the petitioner has been rejected by the Executive Engineer by letter no. 197 dated 27.3.2002, as such, this writ application has been filed for quashing this letter as well as a direction to the respondents to allow the prayer of the petitioner.

(2.) A counter -affidavit has been filed by the State wherein it has been stated that the husband of the petitioner remained absent from duty from 1.5.1993 and did not join ill the date of his retirement i.e. on 30.6.1998. Considering his absence for 4/5 fears, he is not entitled for any benefit under the revised scale.

(3.) IN the facts and circumstances, the impugned order issued by the Executive Engineer vide letter no. 197 dated 27.3.2002 is hereby quashed. Respondents are directed to settle and decide the pay scale of the late husband of the petitioner within three months from the date of production/communication of a copy of this order. Petitioner must be paid arrears of retiral dues of her late husband as well as arrears of family pension within the aforesaid period. Further, it is directed that family pension should be paid to the petitioner, after its fixation in revised scale.