JANKI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Learned Counsel for the parties. In CWJC No. 5899 of 2000, the appellant in this appeal approached this Court seeking a direction upon the State Government to release the amount of pension sanctioned by the State Government in favour of her late husband, the remaining pension to which he was entitled to and the family pension payable to her. In the writ petition the petitioner had annexed copies of the correspondence which resulted in ultimate sanction of 75% of pension payable to her husband. The respondents in the writ petition did not file any counter affidavit to the writ petition.

(2.) WHEN the writ petition was heard, the learned Single Judge felt that the husband of the appellant was not a Government servant and, accordingly, dismissed the writ petition. Unfortunately, the counsel appearing on behalf of the appellant could not bring to the notice of the learned Judge the sanction accorded by the State for payment of 75% of pension payable to the husband of the appellant. Proceeding on the basis that the husband of the appellant was not a Government servant, by the judgment and order under appeal the learned Judge dismissed the writ petition.

(3.) IT is interesting to note that in the counter affidavit the correspondence leading to sanction for payment of 75% of pension to the husband of the appellant had not been denied or disputed and at the same time the sanction so accorded was also not denied or disputed but without explaining such sanction it was untruly and most irresponsibly stated that the husband of the appellant was not a Government servant and, accordingly, he was not paid pension despite such sanction.