IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.243 of 2007 1. Savitri Sharma, WIFE OF LATE DEVENDRA NATH SHARMA. 2. DIPTANSHU, SON OF LATE DEVENDRA NATH SHARMA, UNDER THE GUARDIANSHIP OF HIS MOTHER, NAMELY, SAVITRI SHARMA (PETITIONER NO. 1). BOTH RESIDENTS OF HOUSE NO. 14, PHASE-II, ASHIYANA NAGAR, POLICE STATION- SHASTRI NAGAR, PATNA IN THE TOWN AND DISTRICT OF PATNA :--PETITIONERS. Versus 1. The State Of Bihar 2. THE SECRETARY-CUM-COMMISSIONER, BUILDING CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE UNDER SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE DY. SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. THE DY. SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 6. THE SPECIAL SECRETARY, DEPARTMENT OF PRIMARY AND ADULT EDUCATION, GOVT. OFR BIHAR, PATNA (NOW HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA.) 7. THE DIRECTOR, SECONDARY EDUCATION, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 8. THE ACCOUNTANT GENERAL (A&E) 1-II, BIHAR BIRCHAND PATEL PATH, PATNA. 9. THE TREASURY OFFICER, PATNA SECRETARIAT, PATNA:-- RESPONDENTS. ----------- For the petitioners :- Dr. K.N.Singh, Senior Advocate. M/S. Dilip Kumar & Prasoon Sinha, Advocates. For the State :- Mr. Prashant Kumar, A.C. to G.P.-1. ====== 2. 11.07.2011. Heard learned counsel for the petitioners and the State; also perused the counter affidavit filed on behalf of Respondent Nos. 2-4. 2. Petitioner No. 1 is the widow of late Devendra Nath Sharma who was killed on 11.03.1995 while discharging election duty at Hazaribagh. In recognition of the sacrifice made by the husband of Petitioner No.1 while discharging government duty the State Government under Memo No. 329 dated 18.01.1996, Annexure-1 2 directed the Accountant General, Bihar to keep paying Petitioner No. 1 salary of her husband until he attained the deemed age of superannuation as per the date of birth entry recorded in the service-book. Husband of Petitioner No.1 was to superannuate with effect from 30.04.2007 but much prior thereto the State Government itself resolved to increase the date of superannuation of its employees from 58 to 60 years under resolution dated 24.03.2005. Petitioner was not granted the benefit of such extended age of retirement. From perusal of the Government instruction contained in Memo No. 329 dated 18.01.1996, Annexure-1 it is quite evident that thereunder Government had agreed to pay the widow of late Devendra Nath Sharma the salary of her late husband until he attained the deemed age of superannuation. 3. Before 30.4.2007 the deemed date of superannuation of the late husband of Petitioner No. 1 the State Government having itself extended the age of retirement of its employee, the State Government in my opinion should pay Petitioner No. 1 the salary and other allowances of her late husband in the light of the instruction bearing memo no. 329 dated 18.01.1996, Annexure-1 until 30.4.2009, the extended age of his superannuation. While paying salary to Petitioner No.1 in 3 the light of the instructions of the State Government dated 18.01.1996 the authorities are also required to take into account the revision of salary allowed in the mean time. After husband of Petitioner No. 1 reached the deemed age of retirement i.e. 60 years Petitioner No.1 should be paid family pension that too in the revised scale. From paragraph-2 of the supplementary counter affidavit it appears that the family pension of Petitioner No.1 has been revised with effect from 01.05.2007. Such revision should be made with effect from 01.05.2009 and prior thereto she be given salary of her late husband with other allowances in the revised scale in the light of the order, Annexure-1. Arrears of scholarship of Petitioner No. 2 in the light of Government instructions to the Accountant General contained in Memo No. 21 dated 29th January, 1996, Annexure-2 be also paid to Petitioner No. 2. Necessary compliance of this order be made as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. 4. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)