PHOTO DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Appeal under Clause 10 of the Letters Patent is directed against the judgment and order dated 22.8.2001 passed by a learned Single Judge of this Court in W.P.(s) No. 3861 of 2001. The short question involved in this case relates to the entitlement of the appellant to receive the Family Pension after the death of her husband. Shyama Kant Jha. while in service.

(2.) THE appellants husband died on 16th December 1963 while he was in service. Undoubtedly, the Family Pension Scheme. 1964, came into effect from 1.4.1964. Apparently, in the initial images, its application was prospective in as much as the benefit of the Scheme was made applicable only with respect to such employees who had retired or died while in service after 1st April. 1964. In 1986. vide a Finance Departments resolution No. 1918. dated 4th June. 1986. the State Government following the pattern earlier set up by the Central Government decided that the benefit of the Family Pension Scheme of 1964 should be extended to all the eligible members of the family even of those Government servants who retired or died before 31.3.1964. That being the position, therefore, the appellant -writ petitioner is held entitled to the grant of Family Pension after the death of her husband because evidently the aforesaid finance Department Resolution of 1986 created a right in her to receive Family Pension owing to the death of her late husband even though he died on 16.12.1963.

(3.) THAT being the case, taking reasonable period of a few months before the date of the filing of the writ petition, we decide that the appellant writ petitioner should be held entitled to receive family pension from January. 2001 onwards. For the foregoing reasons, this appeal is allowed; the judgment/order dated 22.8.2001 under challenge in this appeal is set aside. The respondents are directed to pay the appellant family pension in respect of her deceased husband Shyamakant Jha from today onwards. The arrears of the family pension from January. 2001 uptill now shall be paid within a period of three months from today.