LAWS(PAT)-1999-6-56

LALMUNI DEVI Vs. STATE OF BIHAR

Decided On June 29, 1999
LALMUNI DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) A counter -affidavit has been filed on behalf of Accountant -General, Bihar giving therein the details of action taken from his end. It is stated that a sum of Rs.3960/ - towards gratuity with interest at the rate of 5 percent (5178.25) as prescribed under the Government circular has been paid to the petitioner in pursuance of authority slip issued on 8th May, 1999. Family pension had also been sanctioned which has been authorised vide P.P.O. dated 7th May, 1999.

(2.) ACCORDING to the counsel for the petitioner, family pension at the rate of Rs.375/ - per month has been granted from 1st March, 1989. In this respect, he relied on the Division Bench decision of this Court in the case of 'Bihar Pensioner Samaj' reported in 1996(2) PLJR 893. On the other hand, according to the counsel for the Accountant -General, Bihar the pay has been revised with effect from 1.1.86 with clear stipulation of arrears of pay to be paid from 1st March, 1989. The revised rate of pension @ Rs.375/ - per month has been rightly sanctioned and allowed with effect from 1st March, 1989 instead of 1st January, 1986.

(3.) APART from the aforesaid position, counsel for the petitioner also raised grievance relating to amount actually released and paid by the Treasury Officer, Bhojpur. It was submitted that the pension though sanctioned and ordered to be paid by Accountant -General, Bihar at the rate of Rs.144/ - per month from 14th March, 1973 onwards, sum of Rs.60/ - per month has been actually released and paid by the Treasury Officer.