IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13569 of 2008 Veena Devi, Wife of Late Shiwa Nand Jha, Resident of Village – Bhawanipur, P.S. – Pandaul, District – Madhubani. ------- Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Department of Human Resources Development, Government of Bihar, Patna. 3. Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga, through its Registrar. 4. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 5. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 6. The Pension Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. -------- Respondents -------- For the petitioner: Mr. Binodanand Mishra, Advocate. For the University: Mr. A.B. Sinha, Advocate For the State: Mr. Prakash Kumar, A.C. to G.P. VII --------- 6 28.11.2011 Heard Sri Binodanand Mishra, learned counsel for the petitioner, Sri Prakash Kumar, learned A.C. to Government Pleader No. 7, appearing on behalf of Respondent No. 1 & 2 /State of Bihar and Sri Ajay Bihari Sinha, learned counsel appearing on behalf of Respondent No. 3 to 6/ Lalit Narayan Mithila University. The present writ petition was filed in the year 2008 with a prayer to direct the respondents to pay arrears of family pension for the period 29.08.1992 to 30.07.1998, March, 2001 to June, 2003 and from June 2008 till the date of filing of the writ petition. In this case the respondent/University has filed an affidavit wherein it has been indicated that family pension was restarted with effect from the month of December, 2008 2 provisionally subject to the final out come of review of absorption of service matter of the employees of the IVth phase colleges. Learned counsel for the petitioner admits that since December, 2008 the petitioner is regularly getting family pension but arrears has not been paid till date. The husband of the petitioner was ‘Lab In-charge’ in the Department of Chemistry in JMDPL Mahila College, Madhubani. It has been pleaded that services of the husband of the petitioner was taken over and regularized in the University. However, unfortunately, the husband of the petitioner died while functioning as Lab In-charge on 28.06.1992. Thereafter, one way or the other claim of family pension was delayed. However, from the month of August, 1998 family pension was fixed and the petitioner started to get the same but to the reasons best known to the University it was stopped, subsequently revived. From the pleading it is evident that from time to time the family pension in favour of the petitioner was revived and stopped but admittedly from the month of December, 2008 the petitioner is getting her family pension regularly. The court is of the opinion that since the petitioner is getting family pension regularly there is no reason to deny the prayer of the petitioner for granting arrear of family pension for the period indicated above. Accordingly, the writ petition stands disposed of with a direction to the respondents to take all steps for making payment of arrear of family pension to the petitioner within a period of three months from the date of receipt/production of a 3 copy of this order. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)