Smt. Pratima Devi vs The State of Bihar and Others

S.J. Mukhopadhaya, J.—The Petitioner; widow of Late Uma Kant Jha preferred C.W.J.C. No. 8185 of 1998 before this Court for grant of retiral benefits by way of Gratuity, Family Pension and Provident Fund as also the arrears of pension as was due to her husband since 8th November, 1974, i.e. the date the husband died in harness. The Court taking into consideration, direction of the Chairman, District Education Establishment Committee given to the D.S.E., as contained in Annexure-A to the writ petition for ad hoc payment of Gratuity and Family Pension directed the D.S.E. to finalise the pensionary benefit, as referred in the said order with further direction to pay the same within three months. The case was disposed of on 12th April, 1999. On notice, the 5th Respondent, A.G. Bihar filed counter affidavit and made statement that the Gratuity and Provident Fund had been sanctioned after the Court''s order In May-June, 1999. The counsel for the Petitioner submitted that the family pension was not paid.

The D.S.E., Dumka on notice appeared and submitted that the Petitioner was not entitled for family pension, her husband having died on 8th November 1974 i.e. prior to 1st April, 1976, i.e. the date the family pension scheme was made applicable to the teachers of Non-Government Taken Over School.

The D.S.E., Dumka also appeared in person and made submission that all the benefits to which the husband of Petitioner was entitled under Tripple Benefit Scheme had been paid, but family pension has not been paid, being not a part of the Tripple Benefit Scheme.

In support of contention relating to grant of family pension while counsel for the Petitioner relied on Bench decision of this Court in Dharmendra Kumar Choudhary and Ors. v. The State of Bihar and Ors. reported in 1997 (1) B.L.J. 233 and the case of Lalita Devi and Another Vs. State of Bihar and Others, ; on the other hand, the counsel for the State relied on Bench decision of this Court in the case of Sona Devi Paswan Vs. The State of Bihar and Others, and un-reported decision in the case of Smt. Annu Devi v. The State of Bihar and Ors. C.W.J.C. No. 11861/97 disposed of on 16th September, 1998.

From the judgments referred by the learned Counsel, I find some confusion there relating to entitlement of family pension by widow of a deceased employee of Non-Government Taken Over School, if died prior to 1st April, 1976. A Division Bench in the case of Sona Devi (supra) while held that the family pension is not admissible to the family members of the employees of such school, who died prior to 1.4.1976, but learned single Judge in the case of Lalita Devi (supra) explained the said case and asking into consideration the scheme of family pension as promulgated in 1964 held he widow is entitled for family pension.

In the present case, this Court while disposed of C.W.J.C. No. 8185 of 1998 vide order dated 12th April, 1999 lave direction to D.S.E. to finalise such pensionary benefit, as referred in the letter dated 23rd June, 1997 (family pension). The said judgment and order dated 12th April, 1999 having reached finality is binding on the parties and thereby the D.S.E., Dumka now cannot rely on any other judgment to defeat such claim nor this Court can sit in appeal over the judgment and order in question dated 12th April, 1999 passed in C.W.J.C. No. 8185 of 1998, thereby, the D.S.E., Dumka is bound to pay family pension in favour of Petitioner, though he may raise this issue in some other case.

However, there being no intentional latches; deliberate or wilful disobedience on the part of D.S.E., Dumka, instead of initiating a proceeding for contempt, I give him another opportunity to pay the full family pension in favour of Petitioner, including the arrears. If such amount is not paid within three months from the date of receipt/production of a copy of this order, the D.S.E., Dumka will be liable to pay cost of Rs. 10,000/- in favour of the widow-Petitioner and it will be also open to the Petitioner to ask for appropriate modification/recall of this order for initiation of proceeding against the D.S.E., Dumka, including Mr. Arvind Kumar, who appeared in the Court.

This M.J.C. application stands disposed of with the aforesaid observations and directions.