Gita Devi vs The State of Bihar and Others

V.N. Sinha, J.—Heard learned counsel for the petitioner and the State. Petitioner is widow of Late Madan Prasad Yadav who served as a Revenue Karmchari in the Kahalgaon Circle wherefrom he superannuated on 31.12.1997 and thereafter died on 6.4.1999. Pension/ family pension has been fixed in the prerevised scale and this writ application has been filed for a direction to the District Magistrate, Bhagalpur to revise the pension/family pension in terms of the revised scale with effect from 1.1.1996 for which purpose representation dated 25.7.2006, addressed to the District Magistrate, Bhagalpur, has been filed, which is contained in Annexure-1 to this writ application.

In spite of three months'' indulgence granted to the State-respondents to file counter affidavit under orders dated 30.5.2007 no steps have been taken by the respondent authorities either to consider and dispose of the said representation dated 25.7.2006, Annexure-1 or to file counter affidavit. In the circumstances, this Court proceeds on the basis that there is no legal infirmity in permitting revision of the pension/family pension of the petitioner as has been requested for in the representation dated 25.7.2006, Annexure 1. This writ application is, accordingly, disposed of with direction to the District Magistrate, Bhagalpur to consider and dispose of the representation of the petitioner dated 25.7.2006, Annexure-1 in the light of the observations made above, failing which this Court will have no option but to saddle him with heavy Interest and exemplary cost. Compliance of this order be made as early as possible, in any case, within a period of two months from the date of receipt/production of a copy of this order before the District Magistrate, Bhagalpur.