Bhikha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1173 of 2016 =========================================================== Bhikha Devi W/o Late Vijay Pandit, Resident of Mohalla/Village- Sahebganj (Sarobar Lane), Post Office- Sahebganj, P.S.- University, District- Bhagalpur .... .... Appellant/s

Versus

1. The State of Bihar

2. The Principal Secretary, Department of General Administration, Bihar, Patna

3. The Accountant General, Bihar

4. The Commissioner, Bhagalpur Division, Bhagalpur

5. The District Manager, Bhagalpur .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Krishna Chandra For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 27-07-2017 Re:-Interlocutory Application No. 5883 of 2016 The interlocutory application has been filed for condonation of delay in filing of the appeal. On the ground mentioned in the interlocutory application, the delay in filing of the appeal is condoned. Accordingly, the interlocutory application stands allowed and disposed of.

Re:-Letters Patent Appeal No. 1173 of 2016 Challenging the orders passed in C.W.J.C. No. 2412 of 2011 and Civil Review No. 10 of 2015, this appeal has been filed

Patna High Court LPA No.1173 of 2016 dt.27-07-2017 2/3 under Clause-X of the Letter Patent.

The appellant claiming to be the widow of Late Vijay Pandit, an employee in the establishment of District Magistrate, Bhagalpur who died in harness, filed the writ petition in question claiming compassionate appointment and family pension. It is an admitted position that the writ petition was filed after a period of more than 23 years of death of the employee and by holding that after more than 23 years the claim cannot be entertained, the writ petition and the review application have been dismissed.

As far as claim for compassionate appointment is concerned, it is well settled principle of law that compassionate appointment is granted to a family who are facing financial hardship due to the death of breadwinner and normally the claim for compassionate appointment should be made reasonably after death of the breadwinner and in many cases, it has been held by the Hon'ble Supreme Court that claim for compassionate appointment filed after more than 10-15 years are not delivered. In view of the above, in this writ petition, after the death of the employee concerned on 21.08.1982 the claim made after more than 20 years was not tenable and in rejecting the petition so far as it pertains to grant of compassionate appointment is concerned, no error has been committed by the learned Writ Court. However, appellant has also claimed settlement of family

Patna High Court LPA No.1173 of 2016 dt.27-07-2017 3/3 pension on account of death of the employee after receipt of the group insurance claim and once the right to receive family pension was recurring right accruing every month when the pension is denied, the claim for family pension cannot be rejected on the ground of delay. That being so, in outrightly rejecting the claim of family pension also, learned Writ Court has committed error, instead it should be referred to the State Government to consider the claim of the deceased employee's widow who claimed family pension and decide the claim in accordance with law. This having not been done, we allow the appeal in part and direct the competent authority of the Department to reconsider the question for grant of family pension, in accordance with law and take a decision within a period of three months. With the aforesaid, the appeal stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01/08/2017 Transmission Date NA