Dismissed

Fulmani Soren Alias Fulmani Hansda v. the State of Jharkhand and Ors.

Jharkhand HC23 Jul 2021WPC/1618/2015

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed a writ petition seeking death-cum-retirement benefits. The respondents denied the petitioner's status as the deceased's wife, noting benefits were already paid to his parents. The court declined to entertain the writ, advising the petitioner to seek a declaration in civil court.

What did the court decide?

The writ application was dismissed with a direction to approach the civil court for declaration of marital status.

Fulmani Soren Alias Fulmani Hansda Vs the… — Pension and Retirement Benefits | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 1618 of 2015

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Fulmani Soren @ Fulmani Hansda..…................ Petitioner(s)

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Versus

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State of Jharkhand

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The Deputy Commissioner, East Singhbhum, Jamshedpur

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The District Superintendent of Education, East Singhbhum,

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Jamshedpur

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Area Officer, Education, Dhalbhumgarh, East Singhbhum

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Circle Officer, Dhalbhumgarh, East Singhbhum…… Respondent(s)

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Coram: Hon’ble Mr. Justice Ananda Sen

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Through:-Video Conferencing

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For the Petitioner : --For the Respondents : Mr. O.P.Tiwari, GP-III

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8/23.07.2021 The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 10.30 A.M. They have no complaint in respect to the audio and video clarity and quality.

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No one appears on behalf of the petitioner though Mr. O.P.Tiwari, learned GP-III is present.

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I have gone through the pleadings filed by the parties. From the pleadings of the parties, I do not feel it proper to keep this matter pending. Thus, the matter is being disposed of.

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In this writ application, the petitioner has prayed to disburse the death-cum-retirement benefits of her late husband.

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In the counter affidavit, the respondents have stated in Para- 7, 8, & 9 that there is nothing on record to suggest that the petitioner is the wife of the deceased. It has also been stated that as per service records his mother has been made nominee and as per the family relationship certificate issued by the Circle Officer the deceased has left behind his father and mother only. So is the position in the Ration Card. It has further been mentioned in Para-12 that the death-cum-retiral benefits has already been paid to the parents of the deceased.

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Considering the specific stand taken by the respondents in their counter affidavit, I am not inclined to entertain this writ application.

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Accordingly, this writ application is dismissed.

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If the petitioner has got grievance and want to establish herself as a wife of the deceased, it would be open to her to approach the appropriate civil court for seeking declaration to that effect and proceed accordingly.

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This writ application stands dismissed with the aforesaid observation.

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( Ananda Sen, J )

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Mukund/-cp.2

Fulmani Soren Alias Fulmani Hansda v. the State of Jharkhand and Ors.

Case brief

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Fulmani Soren Alias Fulmani Hansda v. the State of Jharkhand and Ors.

Case brief

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