Dismissed

Kripal Mahra v. The State Of Bihar and Ors.

Patna HC13 Apr 2017CWJC/11955/2014

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna dismissed a writ petition seeking a mandatory direction to recognize the petitioner's second marriage for family pension purposes. The court upheld the State Government's 1964 resolution barring recognition of marriages contracted after retirement.

What did the court decide?

The writ application for issuance of mandamus to add the petitioner's second wife to the Pension Payment Order was dismissed.

Kripal Mahra Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.11955 of 2014

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Kripal Mahra son of Late Shiv Nath Mahra, resident of village- Ashok Nagar, P.SJalalpur, District- Saran at Chapra.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Secretary-cum-Commissioner, Human Resources Govt. of Bihar, Patna.

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The District Primary Education, Govt. of Bihar, Patna.

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The Accountant General, Bihar, Patna.

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The District Magistrate, Saran at Chapra.

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The District Superintendent of Education, Saran at Chapra

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The District Education Officer, Saran at Chapra

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.... .... Respondent/s

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=========================================================== Appearance :

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For the Petitioner/s : Ms. Rajani Kumari, Advocate

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: Mr. Vijay Kumar, Advocate

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For the Accountant General : Mr. Binod Kumar Labh, Advocate For the State : Mr. Hemant Prasad Singh, A.C. to SC-15 : Mr. Avinash Kumar, A.C. to S.C.-15

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=========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT

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Date: 13-04-2017

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This writ application has been filed by the petitioner for issuance of mandamus to the respondents to add name of his second wife, namely, Hemanti Kunwar on Pension Payment Order in place of his deceased first wife, namely, Manmati Devi.

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2. The petitioner Kripal Mahra, who was a teacher in Primary School, Pidari, P.S.-Jalalpur, District- Saran at Chapra retired on 31^st July, 2010. He received all his retiral benefits and is receiving pension regularly. It is the case of the petitioner that after his retirement his first wife Manmati Devi died on 24.10.2011 whereafter

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Patna High Court CWJC No.11955 of 2014 dt.13-04-2017

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he solemnized second marriage on 22.06.2013. The submission is that in spite of representation having been made to the respondents, they are not adding the name of the second wife of the petitioner on the Pension Paper Order in place of his deceased first wife as a result of which in case of his death the second wife would may not get the family pension.

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3. Per contra , learned counsel for the State submitted that the writ application is misconceived. He submitted that in view of the decision of the State Government vide memo no.Pen-103/64-9505F dated 03.10.1964, a marriage after retirement is not recognized for the purpose of family pension scheme for the State Government employees.

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4. I have heard learned counsel for the parties and perused the aforesaid memo of the State Government dated 03.10.1964 whereby family pension scheme has been introduced for the State Government employees of the State of Bihar. I find force in the submissions made by the learned counsel for the State. By the aforesaid decision, the State Government has resolved that marriage after retirement will not be recognized for the purpose of family pension scheme. In that view of the matter, if the respondents have not substituted the name of the second wife of the petitioner in place of the deceased first wife, no fault can be found with the action of the

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Patna High Court CWJC No.11955 of 2014 dt.13-04-2017

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respondents.

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5. The writ application, being devoid of any merit, is

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dismissed.

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(Ashwani Kumar Singh, J)

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Md.S./-

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AFR/NAFR NAFR CAV DATE N/A Uploading Date14.04.2017 Transmission Date

Kripal Mahra v. The State Of Bihar and Ors.

Case brief

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Kripal Mahra v. The State Of Bihar and Ors.

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