LALITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SINCE in both the writ petitions, grievance of the petitioner is the same and the question involved is also common, with consent of the parties they have been heard together and are being disposed of by this common order.

(2.) IN both the writ petitions, petitioner claims to be the widow of the deceased Government servant who died in harness on 30th May, 1975 and 25th September, 1971 respectively. Short facts are that the deceased -husband of the respective -petitioners were appointed as Teacher in the year 1961. The deceased -husband of the petitioner Lalita Devi was appointed in Primary School, Bharhat under the Employment Improvement Programme, and the husband of the petitioner Shakuntala Devi was appointed in Amar Adarsh Middle School, Ramgajiya, Arrah Municipality. Arrah in the district of Bhojpur. Both the schools were taken over by the State government with effect from 1 -1 -1971 and the teachers of the said schools were treated as Government servant.

(3.) ON the other hand, learned Counsel for the petitioner submitted that the principle laid down by the Division Bench in the case of Sona Devi v. State of Bihar and Ors. (supra) is of no help to the State as the Court did not go into the claim of family pension under 1964 Rules, on consideration of which this Court in a similar case of Smt. Sharda Devi v. State of Bihar and Ors. reported in 1996 (2) P.L.J.R. 470, held that the petitioner of the said case was entitled for family pension. Learned Counsel for the State submitted that the judgment of this Court in the case of Smt. Sharda Devi v. State of Bihar (supra) has been overruled by the aforesaid judgment of the Division Bench.