The court emphasized the need for a lenient view in examining the entitlement of the widow to the arrears of increment accrued to her deceased husband.

JUDGMENT

S.N. Pathak, J. – Heard the parties.

2. The petitioner has approached this Court with a prayer for payment of arrears of increment from 2007 and fixation of pension accordingly on the revised pay scale.

FACTUAL MATRIX

3. The husband of the petitioner was initially appointed as Sub-Inspector of Police on 17.01.1973 and his date of birth was 14.07.1950 thereafter he was promoted to the post of Inspector of Police and at the time of his retirement i.e. on 31.07.2010 he was further promoted to the post of Deputy Superintendent of Police. The husband of the petitioner superannuated from the post of Deputy Superintendent of Police from the District of Bokaro. The husband of the petitioner expired on 24.1.2015 as stated by the learned Counsel for the petitioner. After retirement of the husband of the petitioner all the retiral benefits were paid but he received only increment till 01.03.2007 but subsequently it was stopped on the ground that he did not pass departmental examination and hence this writ petition has been preferred.

4. Mr. Diwakar Upadhyay, learned Counsel for the petitioner strenuously argues that respondent-authorities have illegally withheld the arrears of increment which was legally payable to the wife of the deceased. Learned Counsel further submits that the grounds for not making the payment is not tenable in the eyes of law. Learned Counsel further submits that it is not a case in which the deceased-husband did not appear intentionally rather it was because of the serious ailments which he faced during the service period which prevented him to appear in the departmental exam.

5. In support of his contention, learned Counsel has annexed some medical slips which is at Annexure-2 series. It was also submitted that the husband of the deceased had unblemished career and never in the service period any proceeding was initiated against him. In view of the departmental proceeding circular No. 1169 dated 09.11.1983 exemption is provided to those officers who had completed 50 years of age but in the present case the same circular was not taken into consideration and the benefits of the arrears of increment from the year 2007 and neither his pension was revised in the revised scale till date. Respondents authorities have passed no orders and the widow is running from pillar to post for getting her legally payable dues which accrued to the deceased-husband.

6. Per contra, counter has been filed.

7. Learned Counsel for the State Chanchal Jain vehemently opposes the prayer of the learned Counsel for the petitioner and submits that the petitioner is not entitled for the arrears of increment in view of the fact that as per the circular and as per the law, husband of the petitioner was required to make an application for exemption. He further argues that even medical certificate annexed by the petitioner does not come to his rescue because the dates show that it was submitted after attaining the age of 50 years.

8. Be that as it may, having gone through the rival contention of the parties, this Court is of the considered view that as the widow has approached this Court for getting the arrears of increment of the deceased husband, the respondents are directed to take a lenient view and examine the matter afresh and if the widow is entitled for payments of the increment accrued to her deceased-husband, the same should be paid in accordance with law and orders to that effect should be passed within a period of six weeks from the date of receipt of a copy of this order.

9. The writ petition stands disposed of.