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Judgment
R.K. Merathia, J.—Heard the parties finally.
Petitioner is claiming family pension from 30.9.1987.
Counsel for the petitioner relied on a judgment of learned Single Judge of Patna High Court in the case of Smt. Sharda Devi v. State of Bihar 1996 (2) PLJR 470. He further relied on a Division Bench judgment of Photo Devi v. State of Jharkhand and Ors. reported in 2002 (1) JLJR 703 : 2002 (1) JCR 376 (Jhr).
The stand of the respondents is that petitioner''s father who was an Assistant Teacher was superannuated after attaining the age of 62 years on 30.6.1967 and he was entitled to Triple Benefit Scheme vide PO No. 897 (TBS).
Mr. Shrivastava, appearing for respondent No. 5, submitted that as per the Government Circular, though the benefits of family pension scheme, 1964 were extended to all eligible member of family of those Government Servants who retired or died before 31.3.1964 but those who were alive on 31.3.1964 had to opt out of the 1964 Scheme vide Finance Depts. resolution No. 1918 dated 4.6.1986. He produced a copy of the judgment dated 5.3.2001 passed in L.P.A. No. 439 of 2000 with L.P.A. No. 1009 of 2000 State of Bihar and Ors. v. Arya Devi etc. to show that the judgment of Sharda Devi, relied by the petitioner was overruled. Regarding the case of Photo Devi (supra), he submitted that employee in the said case died on 16.12.1963 and therefore in view of the said resolution No. 1918 dated 4.6.1986 of Finance Department, he was held entitled to the family pension scheme, 1964.
There is nothing to show that petitioner''s father exercised option and completed the formalities regarding option like surrender of benefits granted under the other scheme.
In the circumstances, the respondents cannot be directed to grant family pension to the petitioner. However, his case may be considered under the Triple Benefit Scheme. If it is found that petitioner is entitled, the District Superintendent of Education, Godda will ensure that petitioner starts getting benefit under the said scheme, if not already getting, within six weeks from the date of receipt/production of a copy of this order.
With these observations and directions, this writ petition is dismissed. However, no costs.