BEFORE THE LOK ADALAT HELD AT HIGH COURT PATNA CWJC No.14392 of 2005 Petitioner :NIRMALA DEVI Respondent :THE STATE OF BIHAR & ORS Present:- Member(Judicial) :Mr. Justice Navaniti Prasad Singh Member(Legal Profession) : Sri Ashok Kumar Chowdhary, Advocate AWARD The dispute between the parties having been referred for determination to the Lok Adalat and the parties having compromised/ settled the case/matter, the following award is passed in terms of the settlement: Petitioner’s grievance is that the husband had died in harness. State forwarded the claim for fixation of Family Pension. Accountant General objected that the pay of petitioner’s late husband had been wrongly fixed. It accordingly directed for recovery of excess amount, which would be done from the pensionary benefits and fixation of Family Pension at a lower scale. State agreed that in view of Rule 65(2) of the Bihar Financial Rules it will not recover or reduction in Family Pension because the employees has died and it would cause undue hardship to the widow. Accordingly, all parties agreed that payment must be made to the petitioner accordingly in view of the above agreement and any amount recovered or deducted from pensionary benefits would be restored to the petitioner and pension would be paid as per fixation done by the State. All this would be completed within three months from the date of production of a copy of this order before Accountant General, Bihar, Patna. The parties are informed that the court fee, if any, paid by any of them shall be refunded. ___________________ Petitioner/Petitioner's representative) ___________________ Respondent/Respondent's representative) (Navaniti Prasad Singh) (Ashok Kumar Chowdhary), Advocate Member(Judicial) Member(Legal Profession) Date :01-05-2010 (Seal of the Authority)