DHARMENDRA KR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ-petition was filed by one Most. Sushila Devi, widow of the laic Mahahir Prasad Choudhary. She filed the writ-petition for direction on the respondents to pay her the family pension which was due to her since 17th August, 1973 and other post-death benefits of her husband, namely, gratuity, leave encashment, provident fund, etc. Penal interest on such count was also claimed for by the said petitioner.

(2.) During the pendency of the writ-petition, the original petitioner, Most. Sushila Devi died and in her place, the heirs have been substiiuted as the petitioners, who are also the heirs of Late Mahabir Prasad Choudhary.

(3.) Late Mahabir Prasad Choudhary was initially appointed as a teacher in the Primary School, Shikta in the district of Purnea, which was a private School. He was so appointed on 6th April, 1961. The School, in question, was taken over by the State Government with effect from 1.1.1971 in terms with the Bihar Non-Government Elementary School (Taking Over of Control) Act, 1976 and the same was effective from 1st January, 1971. Prior to that by one Resolution No. 763 dated 9th February, 1973, the State Government decided to take over such Non-Government Schools with effect from 1.1.1971 and it was decided that the teachers of such schools will be treated to be Government employees. The said Mahabir Prasad Choudhary died on 16th August, 1973, while in service of the State Government.