IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9258 of 2005 BINOD PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 05. 05.03.2010 Heard Mr. Ashok Kumar Singh, learned counsel appearing on behalf of the petitioner, Mr. S.S. Sundram, learned assisting counsel to Advocate General and Mr. Vivekanand Kumar, counsel representing the Accountant General. The only issue which requires attention of this Court is whether the petitioner who is admittedly a Government servant in the Home Police Department is entitled to draw dearness allowance and medical allowance on the family pension being received by him in relation to his wife who died in harness while holding the post of Assistant Teacher on 5.1.2001. The issue regarding dearness allowance on family pension stands concluded by a Division Bench judgment of this Court reported in 2002(3) P.L.J.R. 527. The Division Bench upon examining the relevant Circulars of the State Government and a Supreme Court judgment reported in 2000(2) SCC 227 has held that where a Government servant, drawing family pension was in independent service even prior to the death of the employee concerned, he would be entitled to draw the 2 family pension together with the dearness allowance admissible thereon. However, as regarding the claim of the petitioner in respect of medical allowance on pension is concerned, I find from the Circular of the Finance Department dated 16.02.2002 placed at Annexure-C of the counter affidavit filed on behalf of the State that the facility of medical allowance was introduced only with effect from 1.6.2001. Indisputably the wife of the petitioner expired on 5.1.2001 i.e. even before the said facility came to be in existence. In that view of the matter, the petitioner cannot be found entitled to the facility of medical allowance on family pension. To sum up, it is held that the petitioner would be entitled for payment of dearness allowance on the family pension admissible to him and which should be re- calculated and paid to the petitioner together with arrears within a period of three months from the date of receipt/production of a copy of this order. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)