(1.) PETITIONER is the son of late Bhagwan Nayak, who served as a Forester in Kolhan Division of the Forest Department of the erstwhile State of Bihar. Bhagwan Nayak died on 07.06.1970. Petitioner has approached this Court seeking a direction for the payment of family pension retiral benefits of his deceased - father. It is alleged that even the mother of the petitioner, namely, Sabitri Devi was not paid any family pension. She also died on 29th of June, 2002 without getting any family pension/retiral benefits. According to the averments made in the writ petition, deceased died while in service. A representation was made followed by a legal notice served on 20th of October (sic)
(2.) IN the reply held it is stated that the deceased joined the Government service in the year 1945 and continued to service May, 1960. He was granted Medical leave from 04.04.1960 and thereafter did not join his service. Respondents have placed reliance upon Rule 76 of the Bihar Service Code which inter alia provides that an employee who remains on continous absence from duty with or with leave, cease to be a Government employee. It is further mentioned that the department was not informed of death of the deceased in the year 1970 nor any claim was made for pension/retiral benefits either by the wife family.
(3.) IN view of the above circumstances this writ petition is disposed of with the following directions: