LAWS(PAT)-1995-6-18

SUTHER DEVI Vs. STATE OF BIHAR

Decided On June 26, 1995
SUTHER DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The Petitioner, widow of a deceased State Government employee (late Jagdish Singh) has filed this writ petition for a direction on the Respondents to provide her with all the consequential benefits that were due to the husband of the Petitioner (late Jagdish Singh), including the arrears of pay, post-death benefits like family pension, G.P.F. amount, group insurance amount, gratuity etc. with further prayer to direct the Respondents to appoint her son on compassionate ground.

(2.) The husband of the Petitioner, late Jagdish Singh was appointed as a Police Constable on 26th of August, 1961 under the Respondent-State, bearing Constable No. 122. According to the Petitioner, during the service period of said Jagdish Singh no adverse remark was communicated. It was because of mental disturbances the husband of the Petitioner, Jagdish Singh left the duty on 16th of May, 1983 and also left the house. He was ultimately traced by the son of the Petitioner, namely, Ashok Kumar Singh. Late Jagdish Singh was treated by the Mental Doctors, including Dr. S.A. Hasib, retired Superintendent of Mental Hospital, Ranchi. Subsequently said Jagdish Singh was suspended on 16th of May, 1983 being absent from duty.

(3.) It is stated that after the treatment of said Jagdish Singh, he joined the duty again in the year 1984, but became mentally disabled again in the month of December, 1984. It is then the Home Police Department of the State of Bihar, took into notice that Jagdish Singh was mentally ill and so he was sent to Mental Hospital, Kanke, Ranchi for treatment, it is for the said reason the suspension order was revoked, and when Jagdish Singh recovered from mental illness, was allowed to join the duty in February, 1985. He was also transferred to Hazaribagh and then again to Bhagalpur, where Jagdish Singh was earlier posted. According to the Petitioner, her husband Jagdish Singh was paid salary up to December, 1985 and again from March, 1986. But in the years 1986 again said Jagdish Singh suffered from mental disability.