The Patna High Court allowed the appellant to condone a 38-day delay in filing a Letter Patent Appeal. The appeal against an order directing shared family pension between two widows was dismissed as the lower court found no error in passing the order.
Condonation of delay of 38 days in filing the Letter Patent Appeal and dismissal of the appeal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.165 of 2015
Arising out of Civil Writ Jurisdiction Case No. 5420 of 2013 Along with
Interlocutory Application No.767 of 2015
=========================================================== Mustari Khatoon, wife of Late Md. Mustakim Khan, Resident of village - Salona Pathan Tola, Police Station Bakhri, P.O. Bakhri Bazar, District – Begusarai.
.... .... Respondent - Appellant
Versus
... ... Respondents-Respondents
.... .... Petitioner- Respondent
=========================================================== Appearance : For the Appellant : Mr. Binay Kumar, Advocate For the Respondents-State : Ms. Nutan Sharma, A.C. to G.A.-9
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
And
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)
Date: 05-04-2016
Re. : Interlocutory Application No.767 of 2015
There is a delay of 38 days in filing the present Letters
Patent Appeal.
Keeping in view the averments made in the application, we
Patna High Court LPA No.165 of 2015 dt.05-04-2016
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find that sufficient cause is made out for condonation of delay of 38 days in filing of the appeal. Consequently, the delay is condoned.
Interlocutory Application stands disposed of accordingly. Re. : Letters Patent Appeal No.165 of 2015
The present Letters Patent Appeal is directed against an order dated 18th June, 2014 passed by the learned Single Bench of this Court whereby the writ petitioner and the present appellant, both wives of late Md. Mustikim Khan, were ordered to share the family pension in view of the Notification No.1549 dated 27th June, 2011 issued by the Government of Bihar.
The admitted facts, as noticed by the learned Single Bench, are that both the marriages were performed before late Md. Mustikim Khan got employment under the State as a Constable Dafadar. After the death of Md. Mustikim Khan on 21st of October, 2011, conflict arose between the appellant and the writ petitioner for the receipt of superannuary benefits. To meet the similar situations, a Notification was issued by the State Government on 27.06.2011 whereby, it was decided that in such a situation, both the wives shall share the amount of family pension in equal shares. Such is the direction of the learned Single Bench as well.
In view of the above, we do not find any error in the order passed by the learned Single Bench which may warrant interference in
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the present intra-court appeal.
The Letters Patent Appeal thus stands dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
Sunil/-
N. A. F. R.
U
1 issue framed by the court
Whether to condone the delay of 38 days in filing the Letters Patent Appeal.
Mustari Khatoon
Najda Khatoon
State of Bihar through D.M. Begusarai
Superintendent of Police, Begusarai
Sub-Divisional Officer, Bakhri, Begusarai
Circle Officer, Bakhri, Begusarai
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
