RAHUL BURMAN Vs. LALIT NARAYAN MITHILA UNIVERSITY

JUDGEMENT

(1.) THE father of the appellant was an employee of an affiliated College. The College was firstly affiliated with L.N. Mithila University and, later on, was affiliated with B.N. Mandal University. After the father of the appellant superannuated, he started getting his pension. After his death, the mother of the appellant started getting family pension. The mother of the appellant died on 13.4.1987. Since then family pension was stopped. The appellant was less than eighteen years old as on 13.4.1987. He sought continuation of payment of family pension in terms of the Rules. That having been denied, the appellant approached this Court by filing CWJC No. 3641/1997. A learned Single Judge of this Court while dealing with the said writ petition looked at Clause 23 of the Procedural Instructions regarding payment of retirement benefits to the employees of the Universities issued by the Bihar Inter University Board by Memo dated 6.2.1992 and found that family pension is payable, after the widow or the widower of the employee ceased to be entitled to the same, to the minor son till the age of 18 years and to the unmarried daughter till the age of 21 years or her marriage. The Writ Court found as a fact, which is not in dispute that the writ petitioner - appellant could attain the age of 18 years on 18th October, 1989 and accordingly directed L.N. Mithila University to make available family pension to the petitioner till he attained the age of 18 years, i.e. upto 18th October. 1989.

(2.) IN the present appeal the appellant is contending that subsequent to issuance of the said procedural instructions by the Bihar Inter University Board, the Statutes for the grant of retirement benefits to the employees of the Bihar/Ranchi/ Bhagalpur/Magadh/L.N. Mithila/K.S.D. Universities came into effect, upon approval by the Chancellor on 25th November, 1992 with effect from 14th November, 1990. It is the contention of the appellant that in Clause 24(a) of the said Statutes it has been provided that family pension in case of a minor son shall be payable until he attains the age of 21 years and in the case of an unmarried daughter till she attains the age of 24 years or marriage, whichever is earlier.

(3.) IN those circumstances the appeal is allowed and the order under appeal is approved with a further direction upon the respondents for making payment of family pension to the appellant till he attained the age of 21 years, i.e. upto 18th October, 1992. The family pension not paid from 19th October, 1989 to 1st October, 1992 be released and paid by L.N. Mithila University as quickly as possible but not later than three months from the date of service of a copy of this er upon the Registrar of the said University. If the aforesaid payment is not made to the appellant within the time aforesaid, the said University will have to pay the same alongwith interest at the rate of 12% per annum to be calculated from the date of expiry of the said period of three month till the actual payment is made.