Bibi Rashida Khatoon vs The State Of Bihar And Ors
2021 Latest Caselaw 419 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20209 of 2016
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Bibi Rashida Khatoon, W/o late Md. Sultan, R/o Village - Rajgorj (Bardhujai Ram) P.O. - Laxmipur Via Mathurapur, P.S. - Pirpaiti, District - Bhagalpur, at present residing at Village + Post Office- Barari, District - Bhagalpur.

... ... Petitioner Versus

1. The State of Bihar.

2. The Home Secretary, Govt. of Bihar, Patna.

3. The Inspector General (Prisons), Govt. of Bihar, Patna.

4. The Commissioner, Bhagalpur Commissionary, Bhagalpur.

5. The District Magistrate, Bhagalpur.

6. The Superintendent of Police, Bhagalpur.

7. The Senior Additional Collector (District Establishment Section), Bhagalpur, District - Bhagalpur.

8. The Jail Superintendent, Central Jail, Bhagalpur.

9. The Accountant General, Mahalekhakar Bhawan, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajkumar Rajesh, Advocate For the Respondent/s : Mr. Sheoshankar Prasad-SC-8 For Account General : Mr. Satendra Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 28-01-2021

Heard learned counsel for the petitioner, learned

counsel for the State and learned Counsel for the Accountant

General, Bihar.

In the present case, issue has been raised with

regard to entitlement of family pension. The petitioner was

married to Md. Sultan during the lifetime of his first wife

namely, Bibi Kusum. From the record, it appears that the Patna High Court CWJC No.20209 of 2016 dt.28-01-2021

husband of the petitioner superannuated from the service on

30.06.1983 and he entered into the marriage with the petitioner

on 19.01.1984. Admittedly, the second marriage was solemnized

after superannuation of Md. Sultan. Rule-23 of the Bihar

Government Servant's Conduct Rules, 1976, provides and

prescribes that during the lifetime of first wife, the employee

would not enter into the second marriage but, this Rule would

apply so long he is in service, after superannuation, he ceased to

be a Government servant, save and except, his governance for

pension under the Bihar Pension Rules.

From the record, it appears that first wife of Md.

Sultan died on 05.11.2003 and Md. Sultan died on 05.09.2005,

so during the lifetime of husband, the first wife died. It has been

complaint that the petitioner has been deprived of family

pension on the plea that as the first wife is not alive, the

petitioner being second wife of Md. Sultan, is not entitled to

family pension placing reliance on the Resolution No.1549

dated 24.06.2011.

As the husband of the petitioner had died in the

year 2005 and this Resolution has come into force in the year

2011 so, it cannot be given retrospectively. Even presuming that

it is applicable, in that circumstance also, she cannot be Patna High Court CWJC No.20209 of 2016 dt.28-01-2021

deprived of family pension as Clause-3 of the aforesaid

Resolution provides, in the event of first wife is alive, family

pension will be divided 50-50. When first wife has already died,

the question of deprivation of family pension to the petitioner

does not arise as on the date of death of Md. Sultan the

petitioner was the only wife of her husband.

In such view of the matter, this Court gives

direction to the respondents to make payment of family pension

including the arrears of amount to the petitioner within a period

of four weeks from the date of production / receipt of a copy of

this order.

With the aforesaid observations and directions, this

writ petition is allowed.

(Shivaji Pandey, J)

pawan/-

AFR/NAFR                N.A.F.R.
CAV DATE                N/A.
Uploading Date          30.01.2021
Transmission Date       N/A.