Disposed

Most. Kusum Devi @ Kusum Devi v. The State Of Bihar and Ors.

Patna HC4 Dec 2018CWJC/8323/2018

Case brief

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What is this about?

Patna HC in a writ petition by a second wife claimed family pension of her deceased husband. The State argued the first wife filed a written undertaking. The court directed the petitioner to file a fresh representation with the Superintending Engineer, who must pass a reasoned order within four months and pay if due.

What did the court decide?

Directed petitioner to file fresh representation with the Superintending Engineer; directed respondent to consider it and pass a reasoned order within four months and pay if due.

Most. Kusum Devi @ Kusum Devi Vs The State Of… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8323 of 2018

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Most. Kusum Devi @ Kusum Devi, Wife of Late Jay Lal Sah, resident of Village- Ward No. 11, Dostiya Tola, Police Station- Sonbarsa, DistrictSitamarhi.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The Principal Secretary, Water Resources Department, Bihar, Patna.

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The District Magistrate, Sitamarhi.

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The Chief Engineer Flood Control and Water Resource Department, Muzaffarpur.

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The Superintending Engineer, Shirsh Work Circle, Bagmati Nagar, Sitamarhi.

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The Treasury Officer, Sitamarhi.

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The Accountant General, Bihar, Patna.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Mahendra Thakur, Advocate For the State : Mr. Deepak Sahay Jamuar, AC to AAG-4 For the AG : Mr. Uday Kumar, Advocate ======================================================

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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT

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Date : 04-12-2018

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Heard learned counsel for the petitioner and learned counsels appearing for the State and the Accountant General, Bihar, Patna.

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Petitioner, who is the 2^nd wife of late Jay Lal Sah, claims family pension. It is submitted that family pension was sanctioned in favour of 1^st wife but before such disbursement she died and now only the 2^nd wife survives. He submits that vide letter No. 39 dated 17.01.2017, as contained in Annexure-6, the respondent Superintending Engineer has forwarded the representation of the petitioner for grant of family pension to the 2^nd wife.

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Patna High Court CWJC No.8323 of 2018 dt.04-12-2018 2/2

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However, learned counsel for the State submits that the distribution of retiral benefits was on the written undertaking of the 1^st wife and as per the resolution of the Finance Department vide Memo No. 1549 dated 27.06.2011 family pension has to be distributed between the two wives if the 2^nd marriage has been solemnized after giving information to the authorities. In the present case, no such proof of information has been produced by the writ petitioner, wife of late Jay Lal Sah.

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Considering the facts and the nature of claim made, this writ application is disposed of with a direction to the petitioner to file a fresh representation before the respondent no. 4 along with letter of the Superintending Engineer, Flood Control Circle, Sitamarhi dated 17.01.2017, as contained in Annexure-6, which will be considered and a reasoned order would be passed by the respondent no. 4 within a period of four months from the date of receipt of such representation, which would be communicated to the petitioner by registered post. If any amount is payable, the same would be paid to the petitioner without any delay.

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Rajesh/-
AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	06.12.2018
Transmission Date	NA

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(Nilu Agrawal, J)

Most. Kusum Devi @ Kusum Devi v. The State Of Bihar and Ors.

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Most. Kusum Devi @ Kusum Devi v. The State Of Bihar and Ors.

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