DULARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE claim of the petitioner is with respect to grant of family pension and other death -cum -retirement benefits, besides the payment of arrears of salary. It is not disputed that the petitioner 'shusband was a permanent Assistant Teacher in middle school, which was taken over on 06.02.76 with effect from 01.01.1971 under Bihar Non -Government Elementary School (Taking Over of Control) Act, 1976. The husband of the petitioner died on 17.02.74 and, thus, the petitioner is claiming for grant of family pension, death -cum -retirement benefit etc., accordingly. This Court in the case of Lalita Devi vs. State of Bihar, 1999(3) PLJR 236, held that after take over of the school with effect from 01.01.1971 by 1976 Act, such teachers became Government Servants with effect from 01.01.1971 on which date 1964 Rules for grant of family pension was informed. Accordingly, the family of such teachers, who died in harness, after 01.01.1971 became entitled for grant of family pension and they cannot be denied the said benefit pursuant to 1977 instruction issued by the Government. Raj Kumar Ram Versus State Of Bihar

(2.) UNDER such circumstances, learned counsel for the State has not been able to resist the claim of the petitioner, who is the widow of the deceased teacher.

(3.) SINCE , the petitioner has been kept deprived of dues now for over 25 long years, she shall be entitled to the interest at the rate of ten per cent per annum to be calculated from due date till the payment of the same is made. The petitioner shall also be entitled for cost of Rs. 5,000/ - (rupees five thousand), which shall also be paid along with the aforementioned amount of principal and interest within the aforesaid time.