STATE OF JHARKHAND THROUGH THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF JHARKHAND, DHURWA, RANCHI Vs. INDRAWATI DEVI, WIFE OF LATE ATWARI YADAV, VILLAGE KASHI DIN, BURAIH, MADHUPUR, DEOGHAR

JUDGEMENT

(1.) I.A. No. 2205 of 2011 For the reasons stated in the application, I.A. No. 2205 of 2011 filed for condonation of delay in filing the present review petition stands allowed. Civil Review No. 66 of 2011

(2.) Payment of death-cum-retiral dues to the widow has been pleaded as a "liability " upon the State of Jharkhand. The learned counsel for the applicant-State of Jharkhand submits that the husband of writ petitioner namely, Indrawati Devi was posted within Patna Division in the year, 1984, when he died in harness and thus, it is the liability of the State of Bihar to pay death-cum-retiral dues to his widow.

(3.) The controversy whether the post retiral benefits which includes pension, family pension, gratuity etc. are paid to an employee in reward to his services rendered or it is given as bounty was settled long back in "Deokinandan Prasad Vs. State of Bihar and Others " (1971) 2 SCC 330 wherein, the Honourable Supreme Court held that right of a person to receive pension is akin to right to property under Art. 31 (1) and by a mere executive order the State has no power to withhold the same. In "D.S.Nakara and others Vs. Union of India " (1983) 1 SCC 305 , a Constitution Bench of the Honourable Supreme Court has held as under,