- (1.) HEARD learned counsel for the appellant.
(2.) THE appellant is aggrieved against the order dated 15th September, 2008 by which the petitioner's writ petition being C.W.J.C. No.3660 of 1997(R) has been dismissed by the learned Single Judge. In the writ petition the petitioner claimed that the petitioner's father was Ex -M.L.A. and therefore, he was entitled to the pension under the Bihar Legislature (Members' Salaries, Allowances and Pension) Act, 1960. Learned Single Judge after considering Section 10A(3) of the said Act of 1960 observed that the petitioner's father Ex -M.L.A. was in service prior to becoming M.L.A. and he was getting pension which was more pension than the pension available for the Ex M.L.A. and in view of above Section 10A(3), petitioner's father was not entitle to the pension. Not only this, the petitioner's father in his lifetime for 13 years did not claim such pension.
(3.) HOWEVER , learned counsel for the appellant submitted before us that the petitioner's father was in service and he was getting pension in his life time and after death petitioner's mother i.e. widow of Ex M.L.A. was entitled to the family pension. Learned counsel for the appellant then submitted that one Writ Petition (S) No. 369 of 2001 was filed by the petitioner's mother, widow of the Ex -M.L.A. but that was dismissed vide order dated 19th February, 2001 and admittedly, that dismissal order has not been challenged. It is submitted by the learned counsel for the appellant that the writ petition was dismissed because the daughter of the petitioner also filed the(present) writ petition.;