S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the parents of late Sushanna Soren, for payment of family pension.
(2.) ACCORDING to the petitioners, their daughter late Sushanna Soren was in ser -vices of Government and died in harness on 20th February, 1996, while working as Teacher in Government Primary School, Lat -bedha, Anchan -Shikaripara. The daughter being unmarried and the parents being de -pendent on her, were provided with gratuity and provisional family pension at the rate of Rs. 634/ - per month, but since December, 1998 even the provisional family pension was withheld, in pursuance of the letter dated 24th December, 1998. The letter numbering 847 dated 24th December, 1998 seems to have been issued by the Senior Accounts Officer, A.G. Bihar, Patna, to the District Superintendent of Education, Dumka giving a reference to the Finance Departments resolution dated 3rd October, 1964, stating that the father, in terms of such resolution is not entitled for family pension on the death of daughter and the provisional family pension, at the rate of Rs. 634/ - per month, paid since 21st February, 1996, is not in accordance with law and, as such, It is recoverable from the gratuity, wherein, only Rs. 1000/ - is left to be paid.
(3.) THE District Superintendent of Education (respondent No. 2) in his counter affidavit, has accepted that the Government of Bihar, from its Finance Department, issued letter No. 11656 dated 22nd December, 1999, wherein, under paragraph No. 5 (iv)(5) it was decided to pay family pension to the dependent, including the surviving parents, whose annual income does not exceed Rs. 2550/ -. The said letter has been given effect from 1.1.1996 i.e. from a date, prior to the death of Sushanna Soren.;