MOSTT BACHCHI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioners, are the widows of the deceased employees who died on 25.7.75 and 22.8.75 respectively, has approached this Court by filing the instant writ application for payment of the pensionary benefits, legally payable to their deceased husband. This relates to the payment of the pensionary benefits to the deceased employee. It is stated that except part payment of pension and G.P.F. amount, nothing has been paid to the petitioner as yet. Mr. Samrendra Pratap Singh, learned counsel appearing on behalf of the respondent submits that whatever dues, legally payable to the petitioners, shall be paid shortly. However with regard to the payment of family pension, it is submitted that the petitioners are not entitled to family pension as the employee died prior to 1.4.76.

(2.) THE point involved was the subject matter of adjudication in the case of Smt. Sharda Devi vs. The State of Bihar (1996 (2) P.L.J.R. 470), wherein it has been held that the family pension scheme was enforced in the year 1964, and, as such, the employees, who died after 1964, are entitled to family pension.

(3.) MR . Samrendra Pratap Singh however submits that the said decision is under challenge in L.P.A. no. 1045 of 1998 and the same is still pending. Admittedly no stay ORDER :has been passed in the aforesaid L.P.A. Accordingly having regard to the law laid down in the aforesaid decision, I direct the respondent authority to issue the sanction ORDER :with respect to the legal dues including the family pension within two weeks from the date of receipt/production of a copy of this ORDER :and forward the same to the Accountant General, who will issue the authority slip within two weeks from the date of receipt of such sanction ORDER :. Simultaneously the State respondent will serve the statement to the petitioner showing the amount sanctioned on different heads and if the petitioners are still aggrieved, it will be open for them to file a representation before the respondent authority, who will dispose of the same after hearing the representative of the petitioner, within two weeks from the date of filing such representation.