STATE OF BIHAR Vs. SHIV RANI DEVI

JUDGEMENT

(1.) THIS appeal is directed against an order dated 20th March, 1997, whereby the writ petition was allowed directing the Respondents to fix the post retirement benefit of the petitioner respondent in accordance with the provisions of Rule 136 read with Rule 151 of the Bihar Pension Rules, which defines the term of emoluments.

(2.) THE short fact leading to this L.P.A. is that the respondent petitioner is the widow of the deceased Government servant, who superannuated from the service. While working on deputation in the Housing Board, he earned promotion according to the Rules and accordingly on the basis of last pay drawn by him, the pension was fixed.

(3.) IT is not that the petitioner/respondent's husband has earned his promotion by playing fraud upon the parent department or on deputation Department but considering the other aspect, i.e., length of service, he was promoted.