IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1389 of 2007 SMT.KALYANI DEVI, WIFE OF LATE KRISHNA MOHAN THAKUR, RESIDENT OF VILLAGE TAIYABPUR, P.S. DESRI, DISTRICT VAISHALI. ---PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA, BIHAR. 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR AT PATNA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI AT HAJIPUR. 4. THE HEADMASTER, PRIMARY SCHOOL LAKHANPUR TAL, DISTRICT VAISHALI. ---RESPONDENTS -------- 4. 1.5.2009 Heard the learned counsel for the petitioner and the State. In this writ application, the petitioner has sought for a direction to the respondents to grant family pension to the petitioner as her husband, who was an Assistant Teacher in the Primary School, died in harness on 25th of October, 1973. The learned counsel appearing for the State submits that as per the scheme for payment of family pension, the family of those employees dying before 1.4.1976 is not entitled to family pension. The above proposition of scheme is not disputed by the learned counsel for the petitioner. However, the learned counsel 2 submits that earlier the petitioner had approached this Court by filing contempt petition, which was disposed of as per the order dated 5.2.2003 passed in M.J.C. No.2139 of 2000, as contained in Annexure 9, but the respondents have not carried out the direction given in the said order with regard to the admissibility of the triple benefit. As such, the respondents deserve to be directed to comply with the said order. Considering the submissions of the parties, it appears that there is no dispute that the family pension is not payable to the petitioner as her husband had died prior to 1.4.1976 but nonetheless other grievances of the petitioner, which have not been considered by the respondents, are required to be considered more so in the light of the order, as contained in Annexure 9. In the above circumstances, it is submitted on behalf of the petitioner that the petitioner proposes to file a specific detailed representation before the District Superintendent of Education, Vaishali at Hajipur (respondent no.3) supported by the relevant documents, if any. 3 In case such a representation is filed within a period of four weeks along with the certified copy of the present order, the respondent no.3 shall consider the representation of the petitioner with regard to any of her claims, which has remained unredressed till date, in accordance with law. Upon such consideration, if the representation is disposed of in favour of the petitioner, the respondent no.3 shall simultaneously issue necessary orders so that the grievance of the petitioner is redressed in the light of the order passed by him on her representation. Such order be passed expeditiously, preferably within four months on receipt of such representation. The writ application stands disposed of. PNM (Shailesh Kumar Sinha, J.)