IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW. No.203 of 2009 THE STATE OF BIHAR 2. The commissioner cum Secretary, Human Resources Department Primary Education, Govt. of Bihar, Patna. 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. The District Superintendent of Education, Darbhanga 5. The District Provident Fund Officer, Darbhanga. 6. The Treasury Officer, Darbhanga. 7. The Accountant General, Bihar, Patna. Versus SHYAMA DEVI, Wife of Late Devendra Jha, resident of Village- Barahampur, P.S.- Manigachhi, District- Darbhanga. with MJC No.2438 of 2008 SHYAMA DEVI . Versus THE STATE OF BIHAR & ORS . ----------- 5. 07.04.2010. Re: I.A.No. 2908 of 2010 During the pendency of the contempt application petitioner left for her heavenly abode on 15.02.2010 leaving behind three sons named in paragraph 3 of I.A.No. 2908 of 2010. Let the name of the petitioner be expunged from the array of parties and heirs and legal representatives indicated in paragraph 3 of I.A.No. 2908 of 2010 be substituted. Counsel for the petitioner should file Vakalatnama on behalf of the substituted heirs during the course of the day. I.A.No. 2908 of 2010 is, accordingly, disposed of. Heard learned counsel for the petitioner and the State. The contempt application is disposed of with direction to Respondent No.4 to examine the claim of Shyama Devi and ensure payment of dearness relief over her family pension amount until she was granted compassionate appointment. 2 Re: Civil Review No. 203 of 2009 State of Bihar and the officers of the Human Resources Department including the Director, Primary Education is seeking review of the order dated 25.3.2008 passed in C.W.J.C.No. 1199 of 2006, whereunder this Court directed for payment of Dearness Allowance over the family pension amount payable to Shyama Devi, the writ petitioner. State of Bihar is seeking review of the aforesaid direction on the ground that Shyama Devi was also appointed on compassionate ground and with effect from the date of her appointment on compassionate ground she is only entitled to dearness relief over her salary and not the amount payable to her as family pension in view of the relevant circular of the State Government. I see substance in the submission of the State as pension- holder is entitled to dearness relief only until compassionate appointment is not allowed to her as after compassionate appointment the pension-holder is paid dearness relief over her salary amount and not the family pension amount. In the light of the contents of the circular, Civil Review filed against the aforesaid order dated 25.3.2008 is allowed and the said order is modified to the extent that family pension amount payable to Shyama Devi opposite party should carry dearness relief until she was not given compassionate appointment. (V.N.Sinha,J.) P.K.P. 3