Disposed¶38

Rekha Devi v. The State of Bihar

Patna HC8 May 2026CWJC/16959/2023

Case brief

AI extract

What is this about?

Family pension to second widow; only surviving wife on date of employee's death; Bihar Government Middle School teacher died 28.05.2009; parameters of L.P.A. No.72 of 2018 Sumitra Kunwar v. State of Bihar; Finance Department Resolution dated 19.04.1990; Resolution dated 06.09.1996; mandamus; consequential benefits within four weeks; Patna High Court Civil Writ Jurisdiction Case No.16959 of 2023; Ajit Kumar, J.

What did the court decide?

Directions to the concerned authorities to process the petitioner's family pension claim strictly in consonance with the parameters laid down in Sumitra Kunwar (L.P.A. No.72 of 2018) and, upon verification that her facts are similar, to pass necessary orders and grant all consequential benefits within four weeks. ¶38

Rekha Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, the second wife of the deceased employee who was the only surviving widow on the date of his death, is entitled to grant of family pension, payable month to month. +1 more

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Court's answer

Since the petitioner is the only surviving wife of the deceased employee, the concerned authorities are directed to process her claim for grant of family pension strictly in consonance with the parameters laid down in Sumitra Kunwar (L.P.A. No.72 of 2018).

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Ratio / Principle

If, upon verification, the petitioner's facts are found similar to those of the appellant in the aforesaid L.P.A. and fall within the said parameters, necessary orders shall be passed and all consequential benefits to which she is entitled as the only surviving wife shall be granted within four weeks.

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Detailed headnote1 paragraphs

CWJC No.16959 of 2023, Patna High Court, oral order dated 08-05-2026 (Ajit Kumar, J.) — Rekha Devi, second wife of a deceased Government school teacher (retired 31.01.2002, died 28.05.2009) whose first wife predeceased him issue-less, sought mandamus for family pension and the differential amount unpaid, her son having drawn only half. Relying on the Division Bench parameters in L.P.A. No.72 of 2018 (Sumitra Kunwar @ Sunaina Devi @ Sumitra Devi v. The State of Bihar and Others), and treating the petitioner as the only surviving wife of the deceased employee, the Court directed the authorities to process her family pension claim strictly in consonance with those parameters and, upon verification that her facts match the appellant's in that L.P.A., to pass necessary orders and grant all consequential benefits within four weeks. Writ petition disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16959 of 2023

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

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Rekha Devi Wife of Late Siya Sharan Singh Resident of Village-Bandiha, P.O.-Rani Parti, P.S.-Rosera, District-Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Education Department, Vikas Bhawan, Patna.

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The Director, Primary Education, Vikas Bhawan, New Secretariat, Patna.

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The Accountant General Office of the Accountant (A and E) Bihar Virchand Patel Road, Patna.

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The District Magistrate, Samastipur.

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The District Programme Officer (Establishment), Samastipur.

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The Block Education Officer Block, Shivaji Nagar, Rosra Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mahesh Prasad, Advocate For the Respondent/s : Mr. Jitendra Kumar Roy 1 ( SC-13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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7 08-05-2026

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The writ petition has been filed for the following

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reliefs :-

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(i) That to issue an appropriate writ/s, order/s, or direction/s in the nature of mandamus to the respondents to pay family pension to the petitioner as early as possible and to pay the same to the petitioner on month to month basis.

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(ii) That any other relief or reliefs regarding non payment of the family pension to the petitioner from the date of death of her husband and the difference money which was not paid to the petitioner as her son got only ½ part of the family

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Patna High Court CWJC No.16959 of 2023(7) dt.08-05-2026 2/5

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pension for which the petitioner be found entitled in law be granted to her.

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Learned counsel for the petitioner submits that the petitioner’s husband was a teacher in Government Middle School Rani Parti, Cricle Shivaji Nagar, Samastipur, who retired from service on 31.01.2002 and died on 28.05.2009 and his second wife, namely, Rakha Devi had five (5) children. It is the case of the petitioner that first wife, namely, Bhikhari Devi died on 16.03.2007, who was issue-less and second marriage was solemnized with the consent of the first wife.

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Learned counsel for the petitioner, by referring to Annexure-P/6, which is the PPO issued by the Office of Accountant General, Bihar,Patna submits that the photographs which is affixed in the PPO, would go to show that the petitioner’s photo is also available in the photographs, as a second wife which has been placed on record by the Office of Accountant General and therefore, there is no dispute with regard to this petitioner being the second wife of the deceased employee.

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At this stage, learned counsel for the petitioner, by relying upon the Hon’ble Division Bench judgment in L.P.A. No.72 of 2018, Sumitra Kunwar @ Sunaina Devi @ Sumitra Devi v. The State of Bihar and Others , submits that if before

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Patna High Court CWJC No.16959 of 2023(7) dt.08-05-2026 3/5

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the death of the deceased employee, the first wife has already died and the second wife is only surviving widow on the date of death of employee and there is nobody else to claim the family pension, in such event, the second wife, who is said to have contracted the marriage to the deceased employee, would be entitled to family pension. For buttressing his submission, counsel for the petitioner has relied upon the relevant portion of the aforesaid judgment, which is extracted hereunder :-

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“5. In order to understand the controversy, we may point out that the Family Pension Scheme as was promulgated and revised by the State Government from time to time earlier contained a provision that where an employee survived by more than one widow, the pension will be paid to them in equal share. This is evident from the extract of the revised provisions contained in the Finance Department’s Resolution dated 19th of April, 1990 in respect of the Family Pension Scheme promulgated with effect from 1964.

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7. A perusal of the same would indicate that the earlier resolution was taken notice of and an amendment was made that even if an employee consummates a second marriage during the subsistence of the first marriage and the first wife is surviving, then in that event the second wife will not get family pension but her illegitimate children would be entitled to the same.

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8. In the instant case, the peculiar fact is that even though there appears to have been

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Patna High Court CWJC No.16959 of 2023(7) dt.08-05-2026 4/5

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a second marriage, but the first wife had already died before the death of the employee himself. Thus, the second wife was the only widow surviving as on the date of the death of the employee and there was nobody else to claim the family pension as the first wife had no children. In the given circumstances therefore, this peculiar case required a different treatment and interpretation in the light of the Resolution dated 6^th of September, 1996, quoted herein above, and since the appellant was only surviving widow and wife as on the date of the death of the employee, there is no other prejudice being caused to the Government nor there being a violation of the Resolution dated 06^th of September, 1996, the appellant ought to have been extended the said benefit. We do not find any such consideration having been made by the learned single Judge in the impugned judgment dated 06^th December, 2017.”

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On the other hand, learned counsel for the State, on

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going through the dictum of Hon’ble Division Bench, submits that factually the case of the present petitioner is squarely covered by the aforesaid judgment and therefore, necessary directions can be issued.

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Considering the aforesaid facts and circumstances, and the fact that the petitioner is the only surviving wife of the deceased employee, the concerned authorities are directed to process the petitioner’s claim for grant of family pension, strictly in consonance with the parameters laid down in the case

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Patna High Court CWJC No.16959 of 2023(7) dt.08-05-2026 5/5

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of Sumitra Kunwar ( supra ). If, upon verification, the facts of the petitioner’s case are found to be similar to those of the appellant in the aforesaid L.P.A., and the petitioner’s case falls within the said parameters, necessary orders shall be passed and all consequential benefits, to which the petitioner is entitled as the only surviving wife for the purpose of family pension, shall be granted within a period of four weeks from today.

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Accordingly, the writ petition stands disposed of.

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(Ajit Kumar, J)

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sharun/-

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Rekha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rekha Devi v. The State of Bihar

Case brief

What is this about?

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