CHANDRI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the writ application filed under Articles 226 and 227 of the Constitution of India, the petitioner is widow of late Ram Sakai Ram who died on 20.8.1980 while in service as Inspector in the Revenue Sub Division, Gandak Project, Bettiah. The prayer of the petitioner is for directions to the respondents to pay along with interest and costs the family pension and other death cum - retirement benefits to the petitioner on account of death of her husband who died while in service under the respondent State of Bihar. This writ application involves interpretation of Rule 43(b) of the Bihar Pension Rules because according to learned counsel for the petitioner, respondents have wrongly withheld the death -cum -retirement benefits payable to the petitioner on account of alleged dues against her husband. According to the petitioner any claim against her deceased husband could have been finalised and a deduction made only after institution or continuing a proceeding permissible under Rule 43(b) of the Bihar Pension Rules.

(2.) FACTS of the case lie in a narrow compass. According to the petitioner by annexure -1 a letter dated 23.11.1991 the amount shown to be pending due with her deceased husband was only Rs. 13,433/ - but subsequently, as appears from the counter -affidavit, it went on increasing from time to time and hence according to the petitioner, the claim of the respondents cannot be given any credibility. According to the petitioner she should have been paid entire death -cum - retirement benefits without any deductions immediately after death of her husband in 1980 and deductions made from the payable dues or realised from the petitioner later on are clearly illegal and impermissible in law.

(3.) ON perusal of the averments made in the counter affidavit and also from the documents annexed thereto it transpires that on the death of petitioner 's husband a particular amount was outstanding against him as temporary advance received from the Division Office by the deceased for adjustment. The counter - affidavit further shows that the locked office chambers and residential rooms of late Ram Sakal Ram were opened and an inventory or records were prepared in the presence of a magistrate and after adjustment of all the vouchers recovered in the inventory, out of Rs. 2,03,712.49 only a sum of Rs. 25,433.00 had been found left outstanding against late Ram Sakal Ram. The aforesaid amount of Rs. 25,433.00 is thus clearly based upon official records and the said amount may be described as dues against late Ram Sakal Ram on the basis of simple accounting.