RUKMINI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) -This writ petition has been filed by the widow of Barrister Ram, who died in harness on 14-6-1974 while posted at Vijaipur Block in the district of Gopalganj, seeking a direction to the respondents pay the family pension month to month along with other dues, for which she is entitled after the sad demise of her husband besides other legal dues, for which her husband was entitled and not paid.

(2.) The petitioner being 'Mehtar' by caste is member of the scheduled caste. It is stated that her husband was put under suspension sometime in the year 1970-71 when he was working as a Circle Inspector under the State Service. A departmental proceeding was initiated against him, after conclusion of which his suspension was revoked, but he was demoted to the post of a karam- chari. Thereafter he joined as Karam- chari at Vijaipur Block, where, after serving about a year, he died in harness on 14-6-1974. It is claimed that the petitioner met the respondents on a number of occasions and that she was assured of the payment, which remained to be paid. but that has not been paid so far. Further, it is stated that the petitioner is an illiterate old widow facing acute hardships on account of non-payment of the family pension and other legal dues of her late husband. She being not aware of all the dues payable to her late husband seeks indulgence of this Court to direct the respondents to file statements in this regard as to the payments admissible to her late husband.

(3.) Despite service of two copies of the writ-petition on the learned Advocate-General appearing for the State of Bihar and its officers, namely, the District Magistrate, Gopalganj and the Circle Office, Vijaipur Block (respondent Nos. 3 and 4) as also on the learned standing Counsel appearing for the Advocate-General, Bihar on 3.5.1994, no counter-affidavit has been filed on behalf of the respondent State and its officers. By order dated 19.12.95 four weeks' time was granted to the learned Counsel for the State to file counter affidavit to be affirmed by the District Magistrate, Gopalganj. Despite all these. no counter-affidavit has been filed on behalf of the State and its officers. Learned J.C. to G.P.I, states that despite instructions being sought from the respondents no instruction has been received from them so far.