MOST. SHASHI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for a direction to the respondents to pay death-cum-retiral benefits of her deceased husband, who retired from service on 28.02.2010 from the post of clerk from referral Hospital, Manjhaul, District-Begusarai.

(2.) It is submitted by the learned counsel for the petitioner that while the petitioner's husband was in service he was made accused in Begusarai P.S. Case No.280 of 1992 which ultimately ended in acquittal on 26.05.2015 by a court of competent jurisdiction. He submitted that no disciplinary proceeding was initiated against him while he was in service. Even after retirement no proceeding was initiated against him under the Bihar Pension Rules, 1950 (for short 'Pension Rules'). The contention is that despite having retired from service in Feb., 2010 and having submitted application for grant of retiral benefits, the respondents did not sanction his retiral dues. He submitted that the husband of the petitioner regularly made representation to the respondents in this regard, but no heed was paid to his repeated request for grant of pension and other retiral benefits.

(3.) It is submitted that since the husband of the petitioner was suffering from serious ailments, he died on 20th Aug., 2016 due to lack of proper treatment for want of money. It is submitted that even after death of her husband, the petitioner has not been paid the death-cum-retiral benefits so far despite representation submitted by her to the Civil Surgeon, Begusarai on 30th Oct., 2016.