SONA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this Writ Petition the petitioner has prayed for the issuance of an appropriate writ directing the respondents to pay her Family Pension. According to the petitioner she is the wife of late Ram Krishna Paswan, who was a Teacher in a Private School which was taken over by the State of Bihar in the year 1971. Sri Paswan died on 14.10.1975 while in service. The petitioner claims in this Writ petition that she is entitled to post retirement benefits including Family Pension.

(2.) THE case of the Respondents is that though the petitioner is entitled to benefits under the Tripple Benefit Scheme which existed at the time when her husband died, she is not entitled of Family Pension. It is stated that the husband of the petitioner was entitled to Tripple Benefit of Provident Fund, Gratuity and Pension only under the relevant Rules as they existed on the date of his death. So far as the Family Pension is concerned, the same was introduced by the State of Bihar for the first time on 7th June 1976 providing that those teachers who retired or died prior to 31st March, 1976 shall be entitled to the benefit under the Tripple Benefit Scheme but those who retired after 31st March, 1976 shall be governed by the Bihar Pension Rules. In substance those who retired on 1.4.1976 and thereafter are entitled to the benefit of the Family Pension Scheme but the same is not applicable to those retiring or dying before 1st April, 1976. Accordingly the husband of the petitioner was only entitled to benefits under the Tripple Benefit Scheme and therefore the' Petitioner cannot claim Family Pension which has been introduced with effect from 1st April, 1976, much after the death of the husband of the petitioner.

(3.) THE Writ Petition was initially placed for hearing before a learned Judge of this Court who admitted the Writ Petition and referred the matter for hearing before a Division Bench.