Laksho Devi vs State of Bihar and Others

S.N. Mishra, J.—After having heard learned Counsel for the parties and going through the pleading filed on their behalf, this writ application is being disposed of at the time of admission itself. This relates to payment of arrears of pension from 1.12.79 to 22.8.80 including family pension, legally payable to the Petitioner. The concerned employee retired as teacher from Adarsh Middle School, Sultanganj on 2.7.72 and subsequently died on 29.8.80. The widow of the deceased has approached this Court by filing the i(sic) writ application for the relief sought stated above. In this case a counsel affidavit has been filed on behalf State Respondents, wherein, inter alia stated that in view of the Govt. d(sic) dated the 4th September, 1964 an November, 1969 copies of which made Annexures-A and B to the (sic) affidavit, the Petitioner is not entile the family pension. According learned Counsel the State Government has decided to provide the pen(sic) benefits to such employee w(sic) retired on and from 1st of April, 19(sic) further stated that according Government decision the teachers Middle school who have retired wit(sic) from 1.4.76 they are only entitled pensionary benefits like other Government servants. The aforesaid decided the Government as contained annexures-A and B to the counter-was subject matter of consideration case of Smt. Sharda Devi v. State Bihar and Ors. reported in 1 P.L.J.R. 470, wherein it has be that the family pension is payable dependants of the employee wi(sic) from 1964 itself when the Family Scheme was enforced. Admittedl Pension Scheme came into force year 1964. In this case the (sic) retired on 2.7.72 and subseque on 29.8.80 as stated above, the who is the widow of the (sic) employee is entitled to the family Having regard to the law laid do aforesaid decision and further regard to the facts of this case the Respondent authority to issue order with respect to the arrear(sic)sion for the period in question, the family pension to the Petitioner two weeks from the date o(sic) production of a copy of this order ward the same to the Accountant who will issue authority slip within two weeks therefrom. Since the husband of the Petitioner has retired in the year 1972 and subsequently died on 29.8.80, the Petitioner is entitled to the interest, on the balance amount of arrears of pension at the rate of 10% per annum from the date of retirement till the date of payments alongwith cost assessed at Rs. 1000/-. The interest on the amount of Family pension is to be calculated from the date of death of the husband of the Petitioner. Both interest and cost shall be paid to the Petitioner alongwith the principal amount, within the time aforesaid. This disposes of this writ application.