BABITA KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard parties.

(2.) This intra court appeal is directed against the order dated 04.01.2018 passed in C.W.J.C. No. 15677 of 2016 by which the writ petition filed by the writ petitioner for a direction for grant of family pension has been dismissed holding that the husband of the petitioner, though was appointed on 22.12.1994 on the post of Accounts Clerk on compassionate ground and died while in service on 26.09.2012, had actually attended the office and worked only for a total period of one year and two months, therefore, he would not be entitled for family pension in view of the statutory provisions.

(3.) The husband of the appellant - writ petitioner was appointed on compassionate ground on 22.12.1994 in Road Construction Department as Accounts Clerk. It is stated on behalf of the writ petitioner that while in service, the husband of the appellant died on 26.09.2012 and, as such, the widow has claimed family pension.