Girija Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4201 of 2014 ===========================================================
1. Girija Devi Wife Of Late Shatrughan Prasad Ram Resident Of Mohalla - Gurhatta, Near Middle School, Patna City, P.S. Khajekala, District - Patna .... .... Petitioner/s
Versus
1. The State Of Bihar Through The Director Of Industries, Government Of Bihar, Patna
2. The Accountant General ( A AND E ), Bihar, Patna
3. The Bihar Industrial Area Development Authority, Through Its Chairman, Gandhi Maidan, Patna
4. The Managing Director, Bihar Industrial Area Development Authority, Gandhi Maidan, Patna .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. BHARAT LAL For the Respondent/s : Mr. GA-9 ANIL KR.SINHA =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 11-05-2016 The petitioner is claiming benefit of family pension after death of her husband. Assertion is made in the writ application that her husband was getting pension.
Counter affidavit filed on behalf of the Bihar Industrial Area Development Authority (shortly BIADA) in categorical terms states that there is no scheme for pension for the employees of BIADA. This is a misleading kind of statement that the petitioner's husband was getting pension. In an earlier writ application, the issue in regard to entitlement of pension of an erstwhile employee has already been settled by this Court that in
Patna High Court CWJC No.4201 of 2014 dt.11-05-2016 absence of any provision of family pension the claim of the petitioner is misplaced.
There is no evidence of either payment of pension to the erstwhile employee or material to show that there is any pension scheme for the employees as well as his family. In view of the same, this is an effort on the part of the petitioner for obtaining fishing kind of order from the Court. This writ application is dismissed.
(Ajay Kumar Tripathi, J) Amin/- AFR/NAFR CAV DATE Uploading Date Transmission Date