Smt. Balkeshari Devi vs The State of Bihar and Others

In this writ petition, the Petitioner, who claims to be the only surviving widow of Late Ram Ayodhya Singh, has sought for a direction to pay full family pension to her with effect from 7.11.1990 as her husband died on 6.11.1990.

In short, the relevant facts are that the deceased Government servant had two wives. One wife died before his death leaving behind the Petitioner only to receive the family pension and other benefits. However, the Accountant General in the light of the rules relating to family pension allowed only half of family pension in favour of the Petitioner.

This Court in the case of Shanta Sinha v. The State of Bihar, reported in 1997 (1) PLJR 416, has held that there is no reason not to follow law of survivorship as per the personal law and law of succession in the matter of grant of family pension. Moreover, this Court finds no justification to deny full family pension to the widow-Petitioner, who was the only surviving wife at the time of death of the Government servant.

Accordingly, learned Standing Counsel appearing for the Accountant General has fairly agreed: for disposal of this writ petition with a direction that the Accountant General must issue authority with respect to the remaining half of the family pension - in favour of the Petitioner and the same shall be handed over to the learned Counsel for the Petitioner by Friday next (22.11.2002).

The writ petition is, thus, disposed of accordingly.