JUDGMENT :

ARUN KUMAR JHA, J.

1. Heard learned counsel for the appellant and learned counsel for the respondents.

2. The present L.P.A. is directed against the judgment dated 21.09.2017 passed in C.W.J.C. No. 19661 of 2015 by the learned Single Judge of this Court whereby and whereunder the civil writ petition filed by the appellant has been dismissed both on merits as well as on the ground of delay and laches.

3. In the writ petition, the appellant-petitioner has sought following relief:

“(i) A certiorari setting aside the order passed by Respondent District Programme Officer (Establishment) contained in Memo No. 2048 dated 30.05.2014 whereby and where-under the Respondent District Programme Officer (Establishment) has in a very casual, mechanical and copy-cat manner rejected the claim of the late mother of this petitioner namely Mostt. Malti Kuwar for payment of her family pension only upon the grounds of earlier rejection of such claim, without application of his own judicial mind in compliance of order of this Hon’ble Court dated 21.08.2013 passed in C.W.J.C. No. 7366/2010, which also amounts to contempt of this Hon’ble Court.

(ii) A Mandamus commanding and directing the Respondents concerned to make payment of whole amount of family pension of deceased mother of the petitioner as both father and mother of this poor petitioner who is their only legal heir have died only making application and prayers for payment of family pension but not a single farthing has been paid either to the deceased employee Arun Deo Pandey or as family pension to his widow Mostt. Malti Kuwar, who died in destitute due to non-payment of her rightful family pension.

(iii) And/or any other relief/relief’s for which the petitioner is found entitled to in the facts and circumstances of this case.”

4. Brief facts of the case are that the father of the appellant was appointed as Assistant Teacher on 03.03.1962 and posted as such in Primary School, Sirni, Areraj, East Champaran, Motihari. He died on 07.05.1992 while working as Headmaster in Middle School, Kurhiya, Chakiya, East Champaran, Motihari. Thereafter, the mother of the appellant represented her case for family pension and other death-cum-post retiral benefits of her husband before the authorities. Vide letter no. 572 dated 28.02.2007, the then District Superintendent of Education, East Champaran called for the service book and other relevant information so that family pension and other retiral dues might be paid to the widow of deceased employee. Pursuant thereto, the Area Education Officer, Chakiya wrote a letter bearing no. 28 dated 23.01.2008 requesting the then District Superintendent of Education, Motihari to take steps for payment of family pension and other retiral dues to the widow of deceased employee after obtaining the duplicate service book as the original service book of the deceased employee was not available. On 23.06.2008, the widowed mother of the appellant filed an application before the then District Superintendent of Education, East Champaran, Motihari with a prayer to grant her family pension and make payment of due amount of her husband. Again on 03.09.2008, the widowed mother of the appellant sent her representation with the same prayer. Thereafter, again on 08.09.2008 the mother of the appellant sent an application giving all the details of the service of her husband to the respondent Director, Primary Education, with the same prayer. When the grievance of mother of the appellant was not redressed, she moved before this Court by filing C.W.J.C. No. 5467 of 2009, which was disposed of vide order dated 24.04.2009 with a direction to the District Superintendent of Education to pass appropriate order on the representation of the mother of the appellant. Pursuant to the aforesaid direction, the District Superintendent of Education vide Memo No. 1356 dated 05.10.2009 rejected the claim of mother of the appellant holding that pension claim was not maintainable in the case of the appella