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2009 Supreme(Pat) 94

AJAY KUMAR TRIPATHI
Manju Jaiswal Wife Of Late Jagdish Prasad Jaiswal – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Husband of the petitioner died on 23.4.1994. He was a Peon working under the respondent-Bihar School Examination Board (hereinafter to be referred to as the Board). He entered service initially on 12.6.1968 and was on the permanent establishment of the Board. During the period of service he has shouldered his responsibility with due diligence and there is nothing adverse in so far as service career is concerned. After the death of the husband of the petitioner when the widow lodged the claim for payment of retiral dues and family pension, the respondents refused to obliged. The reason for not sanctioning family pension was because it is the stand of the respondent-Board that there are large amount of unadjusted advance still lying in the records of the Board and till the same is reconciled, petitioner cannot be given the benefit of family pension. Though group insurance stands paid to her.

2. When the writ application was filed the stand of the respondents in the counter affidavit was that an amount Rs. 1,76,519/- is outstanding as traveling allowance advance against the husband of the petitioner, which pertains to the year 1983 till 1992. In view of the same the Court












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