SHANTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRAYER in this writ application has been made for quashing the order dated 7.7.2001 (Annexure -1), passed by the Commissioner -cum -Secretary, Department of Primary Secondary and Mass Education, Bihar, Patna, which was communicated under Memo No. 1194 dated 19.7.2001 to the Secretary, Human Resources Development Department, Jharkhand, Ranchi and to the Director, Primary Education, Jharkhand, Ranchi, besides the District Superintendent of Education, Dhanbad and a copy thereof addressed to the petitioner, whereby, the family pension payable to the petitioner on her husband's death on 2.6.1974 has been refused on the ground that only those employees, who had died or retired on or after 31.3.197G were entitled for family pension. Further prayer has been made for issuance of a direction to the Respondents to pay the family pension to her.

(2.) THE case of the petitioner is that the petitioner's husband late Pramada Prasad Lala was a Primary School Teacher in Lower Primary School at Nawagarh Baghmara, which was earlier run by a Private Managing Committee. Later, such Primary Schools including the school in which her husband was employed, were taken over by the Government of Bihar and the service of the petitioner's husband was also taken over with effect from 1.1.1971. After her husband's death on 2.6.1974, she was granted the benefit of Provident Fund but she was not given other benefits of family pension. The petitioner's claim is that under the Bihar Non -Government Elementary Schools (Taking Over of Control) Act, 1976, the School in which her husband was employed, was deemed to have been taken over by the State Government alongwith the services of her husband, since 1st January, 1971 and therefore, the petitioner was entitled to the benefits including Family Pension, Gratuity and Leave encashment in accordance with the rules laid down by the State.

(3.) ON considering the issues raised, this Court by its order dated 7.8.1999, passed in C.W.J.C. No. 3771 of 1998(R), remitted the matter to the Secretary, Primary, Secondary and Mass Education, Government of Bihar, Patna to determine the question as to whether the services of the deceased -husband of the petitioner stood taken over by the State with effect from 1st January, 1971 in terms of the Bihar Act 30 of 1976 (Taken Over Act) or not and thereby, the petitioner is entitled for the benefits of Family Pension, Gratuity and Leave Encashment or not. It was also directed that if so necessary, the Secretary shall call for a report from the District Superintendent of Education, Dhanbad relating to the services rendered by the petitioner's husband. The decision on the issue was directed to be taken by the Secretary within four months from the date of the order.