The High Court dismissed a writ petition filed by the second wife and sons of a deceased electric assistant seeking apportionment of family pension. The court held they were not entitled to such benefits as the second marriage was not disclosed to the department and full post-retirement dues had already been paid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7348 of 2022
======================================================
Lago Devi
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjeet Kumar, Advocate For the Respondent/s : Mr. Sanjay Kumar, Advocate For the A.G. : Dr. Anand Kumar, Advocate Mr. Rajan Prakash, Advocate ======================================================
2 23-01-2024
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER Heard Mr. Sanjeet Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Sanjay Kumar, learned counsel appearing on behalf of the State. Learned counsel for the Accountant General, Bihar, Patna is also present.
Patna High Court CWJC No.7348 of 2022(2) dt.23-01-2024 2/3
submissions made on behalf of the learned counsel for the State that the petitioners being second wife and the major sons of the erstwhile employee, they are not entitled to get retiral benefits including family pension in view of the statutory rules and the mandate of this Court, it is evident that the erstwhile employee had never taken any permission from the department for solemnizing the second marriage nor any information has ever been given to the department. The service book and the official record only discloses the name of the first wife, Bhagwati Devi as the nominee.
Patna High Court CWJC No.7348 of 2022(2) dt.23-01-2024 3/3
pension.
the law.
(Harish Kumar, J)
supratim/-
U
1 issue framed by the court
Whether the second wife and sons of a deceased government employee are entitled to family pension and other retiral benefits when the second marriage was not registered with the department and the fir
Lago Devi
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
