IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4560 of 2008 1. DILIP KUMAR SINHA 2. PRAMOD KUMAR SINHA, BOTH SONS OF LATE MADAN MOHAN SAHAY, AT PRESENT RESIDING AT KRISHNA NIKETAN, CHANDMARI ROAD(END), P.S. KANKARBAGH, TOWN AND DISTRICT PATNA. ---- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 2. THE DIRECTOR (SECONDARY EDUCATION), BIHAR, PATNA. 3. THE ACCOUNTANT GENERAL, BIHAR, PATNA. --- RESPONDENTS ----------- 3 21.4.2011 I.A. No. 2689 of 2011 This interlocutory application has been filed for substituting the heirs of the sole petitioner who died during the pendency of this writ application on 18.5.2009. The heirs have appeared through a Vakalatnama. The office is directed to expunge the name of the petitioner and substitute the name of the heirs of the petitioner mentioned at paragraph 6 of the interlocutory application. This interlocutory application is allowed. Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner (Krishna Kumari) was working as a Typist in the Bihar Secondary Education Office. During the pendency of 2 this writ application the petitioner died and her heirs are parties in this writ application. Krishna Kumari had filed this writ application praying that she may be granted A.C.P., Leave Encashment, revision of retiral benefits, D.A. on family pension which she was receiving on account of her husband’s death and time bound promotion. The petitioner had been granted Assured Career Progression, however, the other claims of late Krishna Kumari are pending with the concerned authority. It has been stated in the writ application that late Krishna Kumari was appointed along with one Nisit Chandra vide Annexure-1. Nisit Chandra has been granted time bound promotion vide Annexure-4 by memo no. 2225 dated 29.6.2000 whereas, late Krishna Kumari was not given the said benefit. It may also be pointed out that Nisit Chandra was also granted the A.C.P. along with the petitioner vide Annexure-5 of the writ application. Thus, a prayer has been made that the Director, Secondary Education should take into account the facts aforesaid and grant 3 the petitioner time bound promotion. Late Krishna Kumari has claimed D.A. on family pension on the ground that both her husband and she were appointed independently and were working in the Government and thus she would be entitled to D.A. on family pension. For the aforesaid proposition counsel for the petitioner relies on a judgment of this Court in the case of Smt. Shardha Devi Vs. The State of Bihar & Ors. [2002 (3) PLJR 527 (DB)], wherein the Court has held that as per the Government Circular dated 9.5.1991, there is no impediment for a person getting family pension to be granted D.A., even if both the spouses are in Government service, provided that they have been appointed in a regular manner and not due to some fortuitous circumstance. As far as this prayer of the petitioner is concerned, this Court holds that late Krishna Kumari would be entitled to grant of D.A. on the family pension since the date on which she was receiving the pension. Regarding other claims as stated above, the Director, Secondary Education should pass an appropriate order in 4 accordance with law revising the retiral benefits on the basis of the Assured Career Progression granted to the petitioner, grant of time bound promotion, leave encashment etc. within a period of four months on receipt of a copy of this order. The petitioner is directed to file a representation before the Director, Secondary Education, Bihar, Patna along with a copy of this order within a period of four weeks. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)