T MANORAMA DEVI Vs. ADMINISTRATOR WATER BOARD GAYA

JUDGEMENT

(1.) Heard Mr. Chandra Bhushan Das for the petitioner, and Mr. Raghunandan Prasad for the respondent.

(2.) According to the writ petition, the petitioner's late husband (Akhouri Govind Kumar) was in the services of the respondent and died in harness on 2.9.1993, while posted as Supervisor in the Water Board, Gaya. The petitioner complains before this Court that she has been allowed the benefit of family pension upto five years after the death of her husband. The Writ petition has therefore, been preferred for a direction to the respondents to allow the benefit of family pension till her death. The respondents have placed on record their counter affidavit and have opposed the writ petition.

(3.) I have perused the materials on record and considered the submissions of learned counsel for the parties. In exercise of the powers conferred by Section 3 of the Bihar Municipal Corporation (Amendment Act 1982) (Bihar Act 52 of 1982), the Governor of Bihar issued S.O. No. 1390, dated 11.11.1983, whereby he was pleased to establish with effect from the date of the notification a municipal corporation to be known as Gaya Municipal Corporation in the district of Gaya the area and boundary of which was the same as that of the then Gaya Municipality. Section 5 of the Bihar Municipal Corporation Amendment Act 1982 (Bihar Act 52 of 1982) published in the Bihar Gazette Extraordinary dated 29.4.1982, reads as follows : ..(Verunaculer Matter Omitted)..