Ahilya Devi vs State of Bihar and Others

The only issue is that whether Petitioner Ahilya Devi is entitled to family pension regard being had to the circumstances that her husband was a teacher and had retired in 1974.

On the writ petition the learned judge was of the opinion that he was bound by the decision of the Division Bench State of Bihar and Others Vs. Arya Devi and Others .

In the matter of State of Bihar and Ors. v. Arya Devi and Ors. the issue was as to from which date the benefit of family pension or for that matter triple benefit scheme would be available. After having noticed the government order and the scheme which was introduced by the State of Bihar on 7 June 1976 and was to take effect from 1 April 1976, it was categorically held that teachers who retired or died on or before 31 March 1976 would not be entitled to the pension as was claimed and those who retired after this date would be entitled.

Clearly the Petitioner''s husband had retired prior to 31 March 1976 and, thus, the learned judge has committed no error in dismissing her petition.

The appeal stands dismissed.