IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1152 of 2007 SHIV KUMARI DEVI WIFE OF LATE SHRI CHANDRIKA SHARMA, RESIDENT OF VILLAGE FARIDPUR, POST SARTA, P.S. PARAS BIGHA, DISTRICT JEHANABAD (BIHAR). Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA, THROUGH UNDER SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF AGRICULTURE (DEPTT. OF AGRRICULTURE, CORPORATION) C.A. III, SECTION, KRISHI BHAWAN, NEW DELHI. 3. THE UNDER SECRETARY, MINISTRY OF PUBLIC GRIEVANCES AND PENSION DEPARTMENT OF PENSION AND PENSION WELFARE, NEW DELHI. 4. THE PAY AND ACCOUNTS OFFICER, DIRECTORATE OF MARKETING AND INSPECTION ( DEPTT. OF AGRI. & COOP), NEW SECRETARIATE BUILDING, IIND FLOOR NAGPUR. 5. THE DIRECTOR INCHARGE, DIRECTORATE OF RICE DEVELOPMENT, 191, PATLIPUTRA COLONY, PATNA-13. 6. THE TREASURY OFFICER, JEHANABAD, BIHAR. ----- For the petitioner : M/S Sunil Pathak & R.K. Sharma, Advocates. For respondent U.O.I. : Mr. P.L. Jaiswal, Adv. For the State : Mr. Bipin Kumar, A.C. to SC 15. ----- 5/ 15.02.2010 During the pendency of the present proceeding the petitioner, Shiv Kumari Devi, has expired and for which I.A. No.5981 of 2009 has been filed for substituting the original petitioner with that of her legal heirs named in paragraph-2 of the interlocutory application. The interlocutory application is allowed. Let the name of original petitioner be expunged from the proceeding and be substituted by her legal heirs - 2 - named in paragraph-2 of the interlocutory application. The petitioner has prayed for payment of family pension in pursuance of the Employees Pension Scheme, 1995 and the provision of Family Pension Scheme, 1971 in addition to the Military family pension. The fact in brief is that the husband of the original writ petitioner having superannuated from Army service w.e.f. 31.01.1995, joined the services of respondent no. 5, who is the Director Incharge, Directorate of Rice Development under the Ministry of Agriculture. The husband of the petitioner expired on 06.01.1997. A scheme was introduced by a reason of amendment in Rule 54 of the CCS Pension Rules whereby a pensioner was allowed an additional benefit of the family pension under the Family Pension Scheme, 1971 and the Employees Pension Scheme, 1995. Pursuant thereto a letter was issued by the Additional Secretary, Government of India, Ministry of Defence to the Chief of the Army mentioning therein that it would be applicable to such of the military personnel who are re-employed in an establishment where the Employees Pension Scheme, 1995 or the Family Pension Scheme, 1971 was in vogue. Learned counsel for the petitioner has produced a letter dated 10.09.2003 of the Senior Accounts Officer of the Ministry of Agriculture in which it is stated that in view - 3 - of the provision of Rule 54 of the CCS Rules the deceased employee opted to retain the military family pension and did not exercise the other option. It is also stated that since the Employees Pension Scheme, 1995 or the family pension scheme were not being authorized by the Ministry, hence if the same was admissible in the establishment where the ex. Army employee was employed, the pensioner could represent before the authorities concerned. There is nothing on record to show as to whether the husband of the original petitioner at any stage became the member of either the Employees Pension scheme, 1995 or the Family Pension Scheme, 1971 for deriving the benefits therefrom. Admitted position is that the husband of the petitioner expired in the year 1997 and even the writ petitioner has expired on 05.10.2007. In that view of the matter, the issue has become infructuous and hence the writ petition is disposed of as having become infructuous. ( Jyoti Saran, J ) BTiwary/