IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5545 of 2007 Savitri Devi, wife of late Ramchandra Das, resident of Village and P.O. Jamalpur, P.S. Athmalgola, Dist. Patna. ------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Primary, Secondary and Adult Education Department, Government of Bihar, New Secretariat, Patna. 3. The Director, Primary Education, Primary, Secondary and Adult Education Department, Government of Bihar, New Secretariat, Patna. 4. The District Magistrate, Patna. 5. The District Superintendent of Education, Patna. 6. The Headmaster, Primary School, Chak Jagmal, Anchal-Pandarak, Dist. Patna. 7. The Accountant General, Bihar, Patna. ----- Respondents ----------- 2 05.09.2011 Heard learned counsel for the petitioner and counsel for the State. The District Education Officer, Patna is also present. The petitioner, who is the widow of late Ramchandra Das, who had died in harness on 23.12.1997, has filed this writ application on 27.4.2007 for the following relief:- “1. That, this is an application for issuance of an appropriate writ in the nature of MANDAMUS for direction, directing the Respondents to grant the Matric Trained Pay- Scale to the deceased husband of the petitioner since the date of publication of the result of Teachers Training i.e. 1995 and also for direction, directing the Respondents to pay the differences of arrears of salary of the deceased husband of the petitioner in the 2 Matric Trained pay-scale and also for direction, directing the Respondents to fix the family pension of the petitioner in revised pay-scale and other consequential benefits to the petitioner” The fact that the husband of the petitioner in his life time i.e. till 23.12.1997 after passing the teachers training examination on 15.6.1995, did not claim his Matric Trained Scale of Pay and that his widow the petitioner has approached this Court after almost ten years of the death of her husband for the aforementioned relief, would by itself disentitle her from claiming the benefit of payment of salary of her husband in the Matric Trained Scale of Pay for the period 15.6.1995 to 23.12.1997. The issue relating to payment of family pension, however, will have a different repercussion, inasmuch as, it is admitted by the respondent that the husband of the petitioner was entitled for grant of his salary in the Matric Trained Scale of Pay ever since he had passed the training examination. In that view of the matter, the respondents will calculate the amount of 3 family pension on the basis of the last salary to which the husband of the petitioner was entitled to draw in the Matric Trained Scale of Pay on 23.12.1997 and would thereafter fix the amount of family pension. The difference of the amount of family pension from 24.12.1997 onwards will be calculated and paid to petitioner in the enhanced pay of the petitioner. Such arrears being the difference of family pension from 24.12.1997 till date must be calculated and paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order. It goes without saying that the current family pension of the petitioner as revised by the respondents will also be paid from the next month. With the aforementioned observations and direction, this application is disposed of. The personal appearance of the District Education Officer, Patna is dispensed with. Rsh (Mihir Kumar Jha, J.)