GODAWARI DEVI Vs. STATEOF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner, who is the widow of the .deceased Government servant, has sought for a direction to the respondents authorities to pay Rs. 10,182.49 along with an interest at the rate of 18% from the date it became due, but was illegally deducted at the time of payment of family pension to her.

(2.) No counter affidavit has been filed on behalf of the Accountant General (respondent No. 5). However, a counter affidavit has been filed on behalf of the officials of the respondent State, namely, the Director, Administration-cum-Secretary (Agriculture) and the Joint Director (Agriculture) Kosi Division, Saharsa (respondents No. 2 and 3 respectively). It is stated in the said counter affidavit that the payments were made to the petitioner after deducting the amount of Rs. 10,182.49, being the amount of seed in his stock at the time of death which the husband of the petitioner did not deposit in his lifetime.

(3.) The husband of the petitioner died in the year 1969. The petitioner was kept deprived of the pensionary benefits for 22 long years as she was finally paid the same only in the year 1991 and that too after deducting the aforementioned amount.