IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.396 of 2009 VIKAS KUMAR VIMAL son of Sri Kapildeo Narayan Yadav resident of Mohalla Ramnagar, P.S. Jakkanpur, town and district Patna. Versus 1. THE STATE OF BIHAR 2. Accountant General of Bihar, Birchand Patel Marg, Patna. 3. Assistant Accounts Officer, Accountant General Office, Bihar. 4. Treasury Officer, Patna. ----------- 3 07/07/2009 Herd learned counsel for the appellant. No body appears on behalf of the respondents. It has been submitted on behalf of the appellant that the decision of the Bihar Government contained in the resolution of the Finance Department bearing No. 01/99-11558 dated 22.12.1999 contained in Annexure-1 contains indication that for the purpose of family pension the scheme of the Central Government has been adopted by the State Government. Annexure-2 has been annexed to show that family pension scheme of the Central Government defines family so as to include the son below the age of 25 years if he has not married earlier. On that ground it has been submitted that the petitioner should not have been deprived of benefit of family pension on account of death of his mother who was in service under the State of Bihar on the ground that he has acquired 21 years of age. On going through the resolution contained in Annexure-1 it is found that all the provisions of the Central Government family pension scheme have not been adopted by the State of Bihar. The provisions adopted and incorporated have been clearly mentioned in the subsequent paragraphs of the said resolution and nowhere those - 2 - paragraphs mention that the age of sons and daughters as prescribed under the provisions of family pension of the State of Bihar have been revised so as to raise the age from 21 years to 25 years. We find no merit in this appeal. It is accordingly dismissed. (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.) AMIN