KUMUD BALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the Account General.

(2.) THIS writ petition has been filed on behalf of the petitioner only for payment of Dearness Relief on family pension on the death of the husband of the petitioner as all the other dues have already been admittedly paid to the petitioner.

(3.) LEARNED counsel for the petitioner submits that on 28.7.1989 the petitioner was appointed independently and hence in view of the circular of the Finance Department dated 9.5.1991 dearness relief on family pension shall not be made to a person if he/she is emplyed/re -employed in any department or office of the Government. In this regard he relies upon a decision of the Division Bench of this Court in case of Smt. Sharda Devi V/s. The State of Bihar, reported in 2002 (3) P.L.J.R. 527 in which it was specificially held that the word "employed or re -employed" as similar to the present provision was a matter of determination and the Apex Court held in the case of H.S.E.B. and Others V/s. Azad Kaur, reported in (2000)2 SCC 277 that if the person is independently employed in that situation the ad hoc relief cannot be denied to the holder of the family pension.