Disposed

Most Janki Devi v. The State Of Bihar and Ors.

Patna HC6 Oct 2017CWJC/15365/2016

Case brief

AI extract

What is this about?

Two widows claimed post-retirement benefits and pension of a late deceased employee. The Court held that serious factual disputes regarding the identity of the lawful wife cannot be decided in a writ proceeding and remade the parties to the civil court. However, authorities were directed to pay pension to minor children regardless of the wives' dispute pending civil decision.

What did the court decide?

Petitioners relegated to Civil Court for declaration of first wife; authorities directed to pay pensionary benefits to minor children of deceased employee irrespective of dispute.

Most Janki Devi 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 Civil Writ Jurisdiction Case No.2087 of 2016

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======================================================

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Renu Devi, wife of late Kaushal Ram, resident of New Yarpur, Janta Road, Gautam Nagar, P.O.- G.P.O., P.S.- Gardanibagh, Distt.- Patna

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.... .... Petitioner

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Versus

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The State of Bihar through the Secretary, Department of Labour, Govt. of Bihar, Patna (Bihar)

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The Labour Commissioner, Govt. of Bihar, Vikash Bhawan, Patna- 1

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The Canteen Manager, Old Secretariate Canteen, Patna

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Janki Devi W/o late Kaushal Ram R/o Jamunapur , Chaiya Tola, P.O. Modhomil, P.S Malsalami, Patna City, Distt Patna.

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.... .... Respondents

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======================================================

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with

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Civil Writ Jurisdiction Case No.15365 of 2016

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====================================================== Most Janki Devi, W/o- Late Kaushal Ram, R/v- Jamunapur, Chain Tola, P.O.- Madhomill, P.S.- Malsalami, Distt- Patna.

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.... .... Petitioner Versus

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The State of Bihar, through the Principal Secretary, Depatment of Labour, Government of Bihar, Patna.

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The Labour Commissioner, Government of Bihar, Vikash Bhawan, New Secretariat, Patna.

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The Canteen Manager, Old Secretariat, Centeen, Labour Department, Government of Bihar, Patna.

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.... .... Respondents ====================================================== Appearance : (In CWJC No.2087 of 2016) For the Petitioner/s : Mr. Sanjay Kumar Ghosarvey with Mr. Rajiv Krishna Bariar, Advocates For the State : Mr. Maruth Nath Roy, AC to S.C.4 For Respondent No.4 : Mr. Vijay Kumar Sinha, Advocate (In CWJC No.15365 of 2016) For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the State : Mr. Gautam Kumar Yadav, AC to G.P.26 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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6 06-10-2017 Heard learned counsels for the petitioners and learned

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Patna High Court CWJC No.2087 of 2016 (6) dt.06-10-2017

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counsels for the State.

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Both the writ applications have been filed by the widows of Late Kaushal Ram, claiming to be legally wedded wives, for payment of retiral benefits of Late Kaushal Ram, including pension.

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From the pleadings of both the writ applications it appears that there is rival claim that they are lawfully claiming the post retrial dues of Late Kaushal Ram and it further appears that there is serious dispute as to the claim which cannot be decided in writ proceeding.

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From the materials available on record it appears that post retiral benefits have been granted in favour of Most. Janki Devi, writ petitioner of CWJC No. 15365 of 2016, and writ petitioner of CWJC No.2087 of 2016 claims that she is the first wedded wife of Late Kaushal Ram and, as such, she is entitled to all the post retiral dues, including pension and the authorities have committed error in granting such benefits in favour of Most. Janki

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Devi.

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In view of serious dispute of fact as to who is the legally wedded wife or who is first wife of Late Kaushal Ram, this Court is not in a position to issue any specific direction to the respondents. Under compelling circumstances, parties are

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Patna High Court CWJC No.2087 of 2016 (6) dt.06-10-2017

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3/3

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relegated to Civil Court where they seek declaration as to who is the first wife and on such declaration the authorities concerned will proceed and make further payment of post retiral dues. So far minor children of Late Kaushal Ram are concerned, irrespective of whether they are born from the first marriage or second marriage, they are entitled to payment of pensionary benefits in terms of Bihar Pension Rules. The authorities concerned are directed to see that minors in terms of Bihar Pension Rules are paid the pensionary benefits until they attain the age prescribed under the Bihar Pension Rules. Needless to say that further payment of pensionary benefits, including regular pension will abide by the decision of the competent civil court.

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With the aforesaid observation, both the writ applications are disposed of.

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(Anil Kumar Upadhyay, J)

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spal/-

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Most Janki Devi v. The State Of Bihar and Ors.

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Most Janki Devi v. The State Of Bihar and Ors.

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