SARASWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the modification petition as also the civil review application has been filed for recalling/modifying or the review of the order dated 21.04.2015 passed in CWJC No. 21724 of 2012, 2017 (3) PLJR 645.

(2.) By the order dated 21.04.2015, the writ petition was allowed and the respondents were directed to sanction and pay family pension and gratuity to the petitioner on account of the service rendered by her husband and it was further directed that since the liability to pay was fixed upon the State Government for the first time and law was not clear on this aspect, therefore payment of family pension and gratuity shall be prospective in nature with effect from 1st May, 2015 and further denied all other reliefs to the petitioner except family pension and gratuity.

(3.) The stand of learned counsel for the writ petitioners is that since the petitioners had been found entitled to the relief, hence the benefit of arrears of family pension should not have been denied for the period prior to 01.05.2015.