IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1368 of 2010 GANDHI THAKUR s/o late Hari Thakur, resident of village sonwal Tola Tandidih, P.S. Pahadpur, District East Champaran .......Appellant Versus 1. THE STATE OF BIHAR 2. Director Health Service, Bihar, New Secretariat, Patna 3. The District Magistrate East Champaran 4. Civil Surgeon, East Champaran, Motihari 5. Incharge Medical Officer, Pahadpur ........Respondents ----------- 3 16-09-2010 Heard the parties. The writ court has dismissed the writ petitioner’s prayer for payment of dues of family pension of his mother. It appears that writ petitioner’s father Hari Thakur died in the year 1970 and after his death the claim for family pension was raised by his widow who also died in the year 2007. The writ petition was filed in the year 2007 to claim the dues of family pension to which writ petitioner’s mother would have been entitled if family pension had been sanctioned to her after the death of petitioner’s father in the year 1970. The order under appeal shows that the writ court found that father of the writ petitioner was a Contingent Menial and was never regularized and taken into regular establishment till his death. It appears that 2 some other Contingent Menials in the same department were subsequently regularized in the year 1984 on the basis of a policy decision of the State Government. Pension or family pension is admissible only to regular government servants either permanent or temporary. In that view of the matter, we find no good reason to take a different view in the matter. The appeal is dismissed. It is relevant to mention that some factual controversy raised on behalf of the parties were incapable of decision because of non availability of relevant papers due to long delay in preferring the writ petition. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)