@JUDGMENTTAG-ORDER
Radha Mohan Prasad, J.@mdashHeard learned Counsel for the parties.
2. In this writ application, prayer is to issue writ in the nature of mandamus commanding the Respondents authorities to pay the remaining death-
cum-retiral dues of the deceased husband of the Petitioner including family pension.
3. The husband of the Petitioner was working as Head of the Department in the Department of Political Science in Sahibganj College under
Bhagalpur University. He retired from service on 30th April, 1990 while working under Tilka Manjhi Bhagalpur University, hereinafter referred to
as the ''University''. After his retirement, the deceased husband of the Petitioner was paid his pension regularly till July, 2001. By the creation of
Sidhu-Kanu University, Dumka, Sahibganj College was transferred under the said University. Later, on creation of the State of Jharkhand under
the Reorganisation Act, payment of pension to the deceased was stopped with effect from 1.8.2001. Ultimately, the husband of the Petitioner died
on 28.12.2001 and the Petitioner has been kept deprived of her family pension also.
4. It is stated by the learned Counsel for the Petitioner that during the pendency of this writ application, other grievances of the Petitioner with
respect to G.P.F., Gratu(sic)ty etc. have been redressed. However, now the only grievance in the present writ application is with respect to the
amount of pension which was not paid to the deceased husband of the Petitioner with effect from 1.8.2001 and family pension for which the
Petitioner has been kept deprived since after the death of her husband.
5. A counter affidavit has been filed on behalf of the University. Learned Counsel for the University has submitted that the payment of pension was
stopped as per the direction of the State, as contained in Annexure-R/3, as the College from where the Petitioner''s husband retired was
transferred under Sidhu-Kanu University which is now in the State of Jharkhand. In support of this, he has placed reliance on the orders passed by
the Jharkhand High Court and by this Court as contained in Annexures-R/1 and R/2 and also on the Government''s instruction, as contained in
Annexure-R/3.
6. Learned Counsel for the Petitioner, on the other hand, has submitted that the submission of the learned Counsel for the University is wholly
misconceived. None of the orders contained in Annexure-B series has any application to the facts of the present case. According to him, the said
cases are related to the persons who retired from service under Sidhu-Kanu University, Dumka and not like the case of the Petitioner''s husband,
who retired from service under Bhagalpur University.
7. However, learned Counsel for the University, in reply, submitted that in the cases of Petitioners of the writ applications in which orders, as
contained in Annexures-R/1 and R/2, have been passed, though they retired from service from Sidhu-Kanu University, but pensions were being
paid to them by Bhagalpur University till the creation of the State of Jharkhand, whereafter, payments were stopped as per direction of the State
Government as this liability under the Reorganisation Act was of the State of Jharkhand. Accordingly, in the case of the husband of the Petitioner
also payment of pension was stopped and the Petitioner has not been paid family pension.
8. I am unable to appreciate the said submission of the learned Counsel for the University. There is no similarity of the case of the Petitioner with
the cases in which orders contained in Annexure-R series have been passed. It has rightly been submitted by the learned Counsel for the Petitioner
that the husband of the Petitioner retired from service of the Bhagalpur University and he was never in the service of Sidhu-Kanu University which
is not in the newly created State of Jharkhand. From the letter of the State Government contained, in Annexure-R/3 also, I find that the instruction
contained therein relates to the payment of pension to the employees of the University which now falls under the jurisdiction of the State of
Jharkhand and it has got no concern with the employees who were never in the employment of the College/University now falling under the
jurisdiction of the newly created State of Jharkhand. Accordingly, I do not find any justification to deprive the pensioner of the pensionary dues of
her deceased husband as well as family pension admissible to her by the Bhagalpur University.
9. In the result, this writ application is allowed with cost of Rs. 2000/- to be paid by the Bhagalpur University. The Vice-Chancellor and the
Registrar of Tilka Manjhi Bhagalpur University, Respondent Nos. 3 and 4 are directed to release the above mentioned pensionary dues of the
deceased husband of the Petitioner as well as family pension admissible to the Petitioner within one week from the date of receipt/production of a
copy of this order, failing which the said Respondents shall not be allowed to draw their salary and shall also be liable to pay further (sic)at at Rs.
1000/-.