MANORAMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for a direction to the Respondents to re-fix the petitioner's pension after deciding his claim petition for promotion to Super-time Scale in Bihar Health Service which was pending since 30th June, 1986. Though, the original writ petitioner died during the pendency of the present writ application, the wife and one of the sons have been substituted as petitioners in this case.

(2.) The petitioner was earlier suspended in the year 1988. However, said order was revoked on 30th January, 1989. Earlier also as the petitioner was not paid his salary from 1st September, 1987 to 31st August, 1988, he had to move this Court by filing C.W.J.C. No. 10086 of 1993 seeking direction for payment of salary and pension etc. By filing a counter affidavit in the said writ petition itself it was stated that promotion of the petitioner in Super Selection Grade with retrospective effect was already under consideration of the Health Department and one post in Supertime Scale has been kept reserve for him.

(3.) In view of said counter affidavit and also after taking into consideration the fact that the petitioner has superannuated on 1-2-1989 this Court by order dated 5th May, 1994 directed the Respondents to pay all his retirement benefit within two months along with interest. Though the said amount has been paid but as the husband of the present petitioner No. 1 was entitled to payment in the Supertime Scale, said claim was never decided and his pension was not re-fixed after issuing orders of payment in the said scale.