IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7695 of 2010 SHYAMA DEVI W/O LATE SHIV SHANKAR PRASAD R/O VILL HARIYA, P.O.CIVIL AERODRAM, P.S.MAGADH MEDICAL COLLEGE, DISTT-GAYA, BIHAR Versus 1. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD PATNA 2. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD PATNA with CWJC No.14538 of 2005 SHYAMA DEVI W/O LATE SHIV SHANKAR PRASAD R/O VILL HARIYA, P.O. AERODRAM, P.S.MAGADH MEDICAL COLLEGE, TOWN & DISTT-GAYA. Versus 1. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD PATNA 2. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD SINHA LIBRARY ROAD PATNA For the Petitioner : M/s D.K.Sinha, Sr. Adv., Dhaneshwar Pd. Gupta, advocate. For the Board : M/s Lalit Kishore, Sr. Adv., Satyabir Bharti, Advocate. ----------- 03. 11.05.2010 Heard learned counsel for the petitioner and the Bihar School Examination Board(hereinafter referred to as the Board). 2. Husband of the petitioner was the employee of the Board. He was accused in Kotwali P.S case No.15(7) of 1976 registered for the offence under Sections-120B, 420, 467, 468, 471 of the Penal Code, in which he was convicted, whereafter in the light of his conviction he was dismissed from the service of the Board under office order bearing Memo No.849 dated 4.8.1992, Annexure-1. Husband of the petitioner challenged his conviction by filing criminal appeal before the sessions court and during the pendency of the appeal husband of the petitioner left for heavenly abode on 15.12.2003. Petitioner thereafter was substituted in the appeal and the appeal was disposed of under judgment dated 29.7.2005, Annexure-2 acquitting husband of the petitioner of the charges levelled agasint him. 3. In Kotwali P.S. Case No. 15(7) of 1976 husband of - 2 - Basanti Prasad, another employee of the Board was also co-accused and was convicted in the said case. After conviction husband of Basanti Prasad was dismissed from service of the Board under order dated 4.8.1992. Husband of Basanti Prasad also challenged his conviction in appeal before the sessions court, which was allowed under the same judgment dated 29.7.2005. Husband of Basanti Prasad also died during the pendency of appeal and was substituted by Basanti Prasad in the appeal. The appeal filed by the husband of the petitioner as also husband of Basanti Prasad was allowed under judgment dated 29.7.2005 and husband of the petitioner as also husband of Basanti Prasad was acquitted. Having earned acquittal of her husband Basanti Prasad requested the Board to set aside the dismissal order of her husband but her prayer was not allowed, whereafter she filed writ application before this Court, which was dismissed on the ground of delay and laches. Later L.P.A. No.521 of 2007 was filed before this Court, which was also dismissed under judgment dated 12.7.2007. Basanti Prasad challenged the order dated 12.7.2007 in Civil Appeal No.3564 of 2009 arising out of SLP(C) No.9263 of 2008 and under judgment dated 14.5.2009 order dated 12.7.2007 passed in L.P.A. No.521 of 2007 was set aside directing the Board to set aside the dismissal order with further direction to the Board to pay the arrears of family pension with effect from the date of acquittal of her husband in the criminal case. Petitioner having earned acquittal of her husband on 29.7.2005 filed C.W.J.C. No.14538 of 2005 praying inter alia to direct the authorities of the Board to pay her - 3 - arrears of family pension with effect from the date of death of her husband i.e. 15.12.2003. 4. Present writ application has been filed for setting aside the order of discharge of the husband of petitioner dated 4.8.1992, Annexure-1 passed in the light of his conviction as the conviction has been set aside by the Appellate Court under judgment of the Hon’ble Supreme Court dated 14.5.2009 as similar order passed in the case of husband of Basanti Prasad a co-accused has already been set aside. 5. Having heard counsel for the petitioner and the Board as also having perused the order of the Hon’ble Supreme Court dated 14.5.2009, I am satisfied that the case of the husband of the petitioner is also covered by the order dated 14.5.2009 and the order dated 4.8.1992, Annexure-1 is set aside exactly in the same terms, which is contained in the order dated 14.5.2009 and as the husband of the petitioner died on 15.12.2003 before his acquittal it is directed that family pension and other retiral dues of the husband of the petitioner be paid to her with effect from the date of acquittal i.e.29.7.2005, as early as possible, in any case within one month from the date of receipt/production of a certified copy of this order before the Secretary of the Board. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)