Dismissed¶24

Rajmani Devi. v. the State of Jharkhand

Jharkhand HC10 Sept 2024WPC/785/2021

Case brief

AI extract

What is this about?

family pension; arrears of salary; Assistant Teacher died in harness 25.01.1969; death predates pension scheme effective 01.04.1978; school under erstwhile State of Bihar at time of death; Nadia Hindu Uccha Vidyalaya, Lohardaga; C.P.F., G.I.C. and retiral benefits already paid; widow claimant Rajmani Devi; earlier petition W.P. (S) No. 3162/2004; representation rejected; writ petition dismissed; pending interim application disposed; High Court of Jharkhand at Ranchi; Ambuj Nath, J.

What did the court decide?

As the petitioner's husband died before the pension scheme came into effect, the petitioner is not entitled to family pension. ¶23

Rajmani Devi. Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 785 of 2021

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------

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Rajmani Devi, aged about 80 years, Wife of Late Ramdas Sahu, Resident of Mission Road, P.O., P.S. and DistrictLohardaga/ Jharkhand … … Petitioner

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… … Petitioner

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-Versus -

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The State of Jharkhand

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The Deputy Commissioner, Lohardaga, P.O. P.S. and District-Lohardaga/ Jharkhand

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The D.S.E., Lohardaga, P.O., P.S. and District-Lohardaga/ Jharkhand

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The Principal, Nadia Hindu Uccha Vidyalaya, Lohardaga, P.O., P.S. and District-Lohardaga/Jharkhand ... … Respondents

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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-----For the Petitioner : M/s. Amit Kumar Sinha, Advocate For the Resp. State : M/s. Surbhi, AC to AAG-II

06/10.09.2024

Heard the parties

The petitioner Rajmani Devi has filed this writ application for issuance of direction upon the respondents to pay her family pension and arrears of salary of her husband who died in harness on 25.01.1969.

¶18

The husband of the petitioner namely Ramdas Sahu was appointed as an Assistant Teacher at Nadia Hindu Uccha Vidyalaya, Lohardaga. Ramdas Sahu died in harness on 25.01.1969.

¶19

The petitioner had earlier come before this Court in W.P. (S) No. 3162/2004 seeking similar relief and the learned Single Judge of this Court vide order dated 30.08.2004 gave liberty to the petitioner to bring the matter to the notice of the District Education Officer, Deputy Commissioner, Lohardaga and other respondents and the respondents were further directed to decide the claim of the petitioner within six months of her representation. In light of the aforesaid direction, the petitioner made a representation before the respondents. However, her representation was rejected.

¶20

Learned counsel appearing on behalf of the respondents submitted that when the husband of the petitioner died on 25.01.1969, the school was under the control of erstwhile State of Bihar. It was further stated that the scheme of the pension came into effect from 01.04.1978 and the husband of the petitioner died prior to that, as such no pension was given to her and accordingly, no family

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pension can be given to the petitioner. It was further submitted that the husband of the petitioner was given the benefits of C.P.F., G.I.C. and other retiral benefits.

¶23

Husband of the petitioner died before the pension scheme came into effect. As such, the petitioner is not entitled for family pension.

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In view of the discussions made above, this Writ Petition is dismissed. Pending I.A., if any, stands disposed of.

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(Ambuj Nath, J.)

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Nandini/Uploaded

Rajmani Devi. v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajmani Devi. v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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