Writ petition by a wife seeking family pension after her husband's death. Court disposed of petition noting insufficient service evidence, directing respondent to verify service history with former employer before determining any entitlement.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15289 of 2013
| ================================ 1. Shail Kumari Kuer Wife Of Late Lala Gopiganj, P.O. Karnaul, P.S. Sahebganj, Dist Versus 1. Bihar State Road Transport Corporation, Patel Path, Patna Through The Managing Dir 2. The Managing Director, Bihar State Parivahan Bhawan, Birchand Patel Path, Patn 3. The Divisional Manager, Bihar State Darbhanga |
====================== n Singh Resident Of Village- rict- Muzaffarpur .... .... Petitioner/s Pariwahan Bhawan, Birchand ector Road Transport Corporation, a Road Transport Corporation, |
|---|---|
4. The Divisional Manager, Bihar State Ranchi ================================ Appearance : |
Road Transport Corporation, .... .... Respondent/s ====================== |
For the Petitioner/s : Mr. Anil Kuma |
r |
| For the Respondent/s : Mr. Prabhat Ku Mr Dhruba Mu ================================ CORAM: HONOURABLE MR. JUSTICE AJ ORAL ORDER |
mar Verma, Sr. Advocate kherjee ====================== AY KUMAR TRIPATHI |
Heard counsel for the petitioner and counsel for the BSRTC as well as counsel for Jharkhand State.
10 03-09-2014
From perusal of the counter affidavit of Jharkhand State as well as BSRTC, it is evident that the husband of the petitioner worked for only 13 months prior to his death in an accident on 18.2.1994. If that is so then prayer of the petitioner for payment of family pension and other benefits is a misplaced kind of expectation to have because the husband of the petitioner had not rendered sufficient length of service for payment of any other benefits. However, if there is any deduction etc. made during the period of 13 months, the respondent BSRTC people
Patna High Court CWJC No.15289 of 2013 (10) dt.03-09-2014
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have already made communication with the Jharkhand State and demanded details of service history. The Jharkhand State will provide the same. Whatever entitlement emerges from the same will be considered by the authorities. No decisive order in favour of the petitioner can be passed for any other relief which she has made in the present writ application.
In view of the above factual position, which is evident from the counter affidavits, the writ application stands disposed of in terms of above.
(Ajay Kumar Tripathi, J)
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1 issue framed by the court
Whether the petitioner is entitled to family pension given the deceased husband's short service period of 13 months.
Shail Kumari Kuer
Bihar State Road Transport Corporation
A Jay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
